\
IETHAN BOOKS*
OF THE
Confufions and Revolutions
GOVERMENTS.
Wherein is examned,
How farre a man may lawfully con-
forme to the Powers and Commands of
thofe who with various fucceflfes hold King-
domes divided by Civill or Forraigne
Warrs.
Whether it be
I. In pay ing Taxes.
1 2 . In (perfonall Service.
'3, InTaf[ing oppofite Oathes.
4. In a wans giving kimfelfe up toafinall AllegitMcejn
cafe the Warreend to the advantage of that 'PoT^er
or Party "tobicb isfuppofed unjutt. -. ^
Likewise i- 7 7 V \
Whether the Nature of Warrebe inconfiftent witfe
the Precepts of the Chriftian Religion ? *
Three parts3 with feverall Additions.
By A NT: As CHAM. Gent.
* ' i ^ t
LONDON,
Printed by W. Wilfon^ dwelling in Wei-yard
necrc Smiibfald* i 6 4 f?»
Preface to the
READER.
i F / #//£/:>£ have enjoyed St. Au-
guftines wift 3 ^ ^ /?^r^e /!T«
Rottte in its glory 3 it f. wild
have been only to have heard
the great Kings of the world
like private perfons (Et fepo-
fitis fceptris) exammd and plead, pro & coa-
tra5 at the Senate-!) arre^ about the due
^ration of their Roy all factions.
For there was a t^uefoverajgnej
and to be admired^ if the Senate It felf had beeri
free from mi f governments^ defoliations ^and
vfurpatiott. But as the overboyling of their ant-
bitionffieditfelfe over th? who* c earth y fa the
fghs andgroanes ofEaft an d Weft mtt and ec-
cho'd perpetually betwixt tfieir ivalli : And ij it
had been likgwi[e p.ojfible D thtt ^ttthe birnJ
which by their Cowmijpons rras drawnefro,^
the fides ofmanlijnde^ jcoyld have met At Ro#t?y
thefource was caftciow enough to have m*dt
Ai 4
A River pajfe before their Senate-doore 3 as big
of their Tiber : thus they comment with the
•people 5 but Caefar afterwards by a Commiflion
derived from hiwfelfe) made the people all the
world over 9 and the Senate likgwije pay tri
bute to him 5 For which he repaid againe no lejffe
then his owne life #s a tribute due to them. Here
therefore I foall be fo bold., in the Peoples be-
halfe ejpecially 3 a* to examine both Caefar and
the Senate-^ that ti, I flail lay the fafts of fet-
premeft powers to the rules of right 3 and not
their faffs only ^ but our owne alfo , as we are
^ or rather hurried by their rap^d mo
t ions. The original! and inherent rights \ of the
fociety of mankjnde^ is that which 1 her e/e arch
after ^ not thofe rights of this <?r that Counirey
( of which there # no determined end D no not
betwixt the Lawyers of any one dominion^
that fo finding oui^ and afterwards holding to
our owne native Rights as men,, we ntay befure
we doe others no wrongs Subje&s, be it either
in afiing with them^or dijjent 'ing from th;m.
Theftory of this Age is in no degree propor-
tionibU to theft difconrfes, becaufc it is not a*
ny way fo calamitous as that of our forefathers
under the difputes of the Red and white Rofes.
There I fee true confusions and revolutions in
Cover nment 5 the lame men invading one ano
ther ^now for this party^ by and by for t he or her ^
after that for a third^ and an avowingof
right
right in all '$ the consciences only of thofe mm
we cannot fee $ but to judge of them aright , I
Jhaliin theft difcourfes change the Scene ^ and
put our felvcs into their place*. Thfrwe know
by Proverbe 3 that he who is afraid of leaves
ought not to goe into a Forrejl: fo ought not we
into any aclionjfwe fcruple at the leaft circum-
flance: for by Csefars favour (who was farre
'from the complexion of a bogli *g Cafuift *) Sa-
tius eft cavere Temper, quam perire femel, I
conceive that they who were not thefirjt mover f
ofthofe calamitous confufions, but were after
wards by aftriS necejfity involvd in them^ had
a larger liberty and right then ordinarily any
party would allow thtw^which ever fayes. That
in all things we may in conference a&onely one
way. Wherefore I have made it mytaketojhew
in the twofirff partsy how fame confaences in
thofe tempefliwus times ylike our Albionrockjy
might on every fide have refiftcd thew*vss they
were beaten with^ yet have beene never the
blacker.
ihe Chymiftf remedies flirring tfyeCpirits
of a dying body all at ance, make a (udden re
covery of the patient ^ yet becaufe '-they fpend
themfelves without a-fupplyy thjfe rem dies
difpofe the body to afuddendeath : Thus the
lampe which is eonfuming its I aft drop 3 burnes
bright eft i yet goes out Juddenly lil^e lightning 5
Such cures at thofe what valuable vffeftsdo they
pro-
produce f In like manner what advantage is it
to have deducd out of the farmer parts9 a Mo-
ralland Civill Latitude for the defence of our
perfons and fortune^ if Christianity difarme
ut totally ? This were byvertui of the firjl parts
tofeeketo prtferve our lives a. little^ butpre-
fently after to dye a worfe death by the lajl 3 in
which it is examined^ Whether the Nature
of all Wane be inconfiftent with the Nature
of theCferifiian Religion ? as Erafmus in his
querela pads 8c Schliftingius contra Grotium
8cMei(herum3 andotherSocinian^ would po
Jitivety perfwade us.
Th£ magnificent eft triumphs did cert ainely
by a reflexion reprefent to fonte eyes nothing
tort horror*-.* btcauft tbty were alwaies propor
tioned to the extent of defolationt brought on
tkofe who had thefoules and faces of men. But
policy hath need of all its jlr at agents to con
found the judgement of a fiuldier^ by cxcejfive
praifes, recommences and triuwps-jhatfo the o-
finion of wounds and ofwodden Ieggs9 might
raifeinhim a greater ejteemeyf hittfelfe., then
ifhehadanintjrcbotty. To allure others Jotae-
thingalfo muft tee found out to cover wounds
and the afrightments of death kandfomely^ and
without this., A Caefar in his Triumph^ with all
fas Garlands andMufick^ would loffke but like a
Vi&ime. Eut what forrow of heart i^ it to fee
z a raye of Divinity .> and the joy
of
of Angels Jcourgd thus with his own f corf ions?
and fo fondly to give hiwfelfe alarums in the
ntidft of his innocent contentments^ as they did
who were in the midft of their recreations in the
Theatre of Tarentum, The cholerickneff'e of
war (wherby the luftfullheate offo many hearts
is redoubled} Jtirrs up the lees of a Common
wealth , as a tempefl doth weeds and flimy fe de
ment from the bottome to the top of the Sea,
which afterwards dnven to the Jhore^ together
with its frame 3 there covers pearles andpreci-
ousftones. Wherefore here lil(ewifeljf}allen-
deavout tojhew how wee may weather outfuch
ft or me s^ in the midji offo many f words finde
4//inculpatatutela5 which may with as little
contradiction pajft threugh mott opfofitions^ as
lemency may through mojl punifowents. W
Clemency
Carthage was befieged, there was nfeevenof
womens haire to make ropes for engines : I
know I do not contribute muchftrengthtothefe
difficulties ^neither conceive I my felfe A Pilot
dexterous enough for fuch a Sea. All that lean
hope for in this difcourfe (Reader) is, that my
ef capes or faults, like thofe which are found in
the cuts of Diamonds .> wtllpajje the eajilier un-
difcerned under the richnefie of their fnbjeft-
matter^ or at leajl under the richneffe ofyonr
goodnejfi. . .
The
THc Reader may be pleafed to undeftand,that this
Difcourle was made Publique, long before any
change ofGovernement was undertaken here , arid
therefore could not by any obliquity point at that,
which it could not then by any meanes fee. Plato
faith. There are certaine (eafons for our comprehen
ding fomecertaine truths, which we cannot under-
Hand nor digeft, till we arrive to that Age which is
particular to them. I hope, tho the feuds of thefe laft
{even yeares warres, have been as the fewell of Nebu-
cbddmzars furnace, to heate & inflame our mindes fe-
ven times hotter then they were before, yet fo much
Reafon may move in us ftill, as to render fome of
thefe truths feafonable both to our underftandings
and Obedience,
The Titles of the Nine Addi
tional! Chapters in this
Second Edition.
In the firft Part.
CHAP. 5. Page 17.
OF fie Originall of Property, and of the en-
tailing the parcels of the Earth in paftictf-
lar Properties.
CHAP. 6. pag. 26.
OF the Nature of Money, its Civill ufe and
value.
In the Second Part,
CHAP. 9. pag. 85.
WHetber in the Violent Changes offo ma
ny Trinces andGoDernours (as in the
^iftoricall occafion of this bookf if fpedfied)
id after the falling of five Roy all Heirs and
rHcceJfors, the People who then fubntit ted, broke
\*ny Oathes of Allegiance er Snfremacy ?
CHAH. ii. pag. 104.
F the Originall of Magi ftracy and Gover-
*0tents in theftattof Nature, Tatiark? or
, and in Heroic all failures.
CHAP,
CHAP. 12. p3£. MO.
F the Original of CivillGovtrment in tt.
Confuflon of Families.
CHAP. 13. pag. 118.
F the time for Lcgetimating New obedi
ence after confafwns.
CHAP; 14, pag
WHether Prefer/ ption can give aright o
Title .> effect ally fuch as will except a
gainjt our obedience in plenary Pofiejfion .«?
CHAP. 15 pag. 129.
£\F ihe fever all formes ofGcverment, am
how farre they may in thir Changes Legi
timate obedience.
CHAP. 16. pag.i39.
C\F Political I Juftice 5 Or the Rule whereb
^-'we know the M^gi (irate to Command^ an
our f elves to A& Law full things under him.
Reader., be pleafed to take notice that all the Adc
tionall Chapters are marked thus §£HF* Jn the Mi
gent, except the fifth and /ixth in the firft part.
Errata.
Fag. 1 57. T'hofe of Tyre and Sydon foall judge
thofe of jcrufalera.
C ' )
The firft Part : :
Wherein is examined generally
in what things, and how farre a man
may lawfully conforme to the power and
commands of thofe who hold a King-
dome divided by Civill Warrc.
CHAP. I.
The hiftoricall occafion and ftate of the
Queftion.
$. i . the caufes of right whejefore hard to refolve.
'2. 'the reaf&ns wherefore msn determine not ea/il} the cafes
of Chill war.
3. Of each mans Soveraigne Mtgiance to bimfelfe.
4. No war can be made without the exercife of an abfolttte
power for the time during.
$ . Absolute nefe of power wherein it confifts.
Here can be only three confiderations of the
ftateofWarre.
Firft, In its beginning ; Secondly, In its
continuance, which is moft properly it«
^r ftace ; And Thirdly , in its end: from
thete anie three Queftions.
Firft, What may be the Originall and Juftifiabk cau
fes of a mans forming a party in the beginning of a War*
I Secondly. How farre a man may lawfully tubmit to,
and obey oppofite parties, during the qonfuhonsofWair
Dually formed and introduced ?
B , Thirdly,
Thirdly, .What may be lawful! for a man to fubmit to
upon the iflue of a V Varre , which may end to the ad
vantage of him who by unjutt force hath poffeft himfelfe
of andthcrs rjght ?
Thefe two latter fall into the compafTe of this difcourfe.
The firft is a Queftion apart, to which though much may
be laid , yet I hold not the knowledge of it fo neceflary
for thofe who are the Acbfri, and of the rank of the pec*-
pletowhom I now ipeakc. Thefe are theAnvillon
which all forts of Hammers difcharge themfclves ; they
(eldome or never begin a V Varre, but are all concenr'd in
it after it is begun: Beftdes., the difficulties of it arc not
io great as of theie two. litter, for the people /eldome
know the fecret caufes of the beginning of a VVarre,
(which if knowne would quickly take away doublings)
and which is worfe they muft come into it afterwards,
though they would not have any at all. Many things
vvili he proved, lawful! for men to doemtheriatearul
\vinciing up of a Warre . introduc d by others, which
would not have beene fb for them in its beginning: ib
that though by accident they may begin to putthein-
ielves into luch a Warre , yet they cannot be laid to be
gin the Warre, or adifttoits beginning, 1 aftly , that
Qyeftioii growes not naturally out of the yiifforicaii
ground and occafion of this Treatife, as prciently will
appeare.
O ur Confeiences more then our capacities Hiould put us
upon the iearch ofthele two Capital! difficulties, that fb
ifoccafionfhould be, we might the fleadilier irand thofc
jftra ights and blows of a fortune to which humane con
dition lies open, in the Revolution and confulion of 'Go
vernments.
Our forefathers above one hundred yea res agoe wert!
.above twenty yeares in examining the iecond queftionj
and about fbure yeares in the third.Hfwry the Sixth beinj'
by force of Warre depoied (afier folernn Oathes of Al
legiance, both of Parliaments andpeople) to makewa!
for Edward the Fourth ; who againe, after the like v ; aihj
oad AL:egian<;e engaged CQ him^was asiglcnijily,and b r
tt
f 3 )
the /ame rate of the Cwotddepoicd for Henry the Sixths
right, who after nine ycares imprisonment was re-crow
ned, and after fix moneths Rame vv as againe forcibly
depofedfor£W3hWthe Fourth., and ftabbciby his Bro
ther Richard Duke of Glouce/ter , together with Prince
£WVw<4King Henry's Sonne, upon hisreturnefrom France
forhis Fathers rcliefe. Thole two Kings, like the gods
which the Romans tooke in their enemies Countries*,
were fbmetimes led in triumph, and fometimcs adored!
B ut that which was -fbmewhat blacker then all this was
the Duke of Gloucester* murthering his two Nephews,
the young King and hjs Brother, Maluit enim rafere im-
perium quam expeffare. Yet not withf landing, particular
men (accord ing to the calamity of thofe times i were by
OathesandAllegianceforc'ttoiubmittp this Injuftice;
which after another bloudy Warre had its change, and
after 24. yeares confufions and revolutions ended peace
ably in theperfon of Henry the Seventh.
Here we ice what thofe Consciences confbrd to in
point of fa&, which usually receives its motives from in
ter eft or fearea the naked f^ord permitting no nicenejfetfo-
bedicnce.
Sett. i. But neither then nor fincehath it been declard
unto us what in f iich cafes is lawful 1 to doe in matter of
right : Every prefent power , whether efhblifiit or
ftruglingtobeeftabliflit, having this intereft, that they
who de fatto are under their power , fiiould not : during
tfm time prefume to queftion their R ighc ; It being fome
fynde of Litton already gained, to babe gairfd tie repute of
tbebettercaufe.
Sett. 2. Many other queftions hang upon thefe, which
are all the difliculter becauie the iubjedt of them which is
Ci • ill Warre, confifis in confufion, in which the mindes
of men are floting and divided, according to the variety
of fucceffes and divisions which Armies make in the
places where they and their whole fubiknce are fallen in
to their potieision.
Sett. 3. And let men argue at as much cafe as they
pleafe, yet it is certaine. that no man is of Inch a capti va-
B 2 ted
V 4 J
t:d Allegiance, asbyreafbnofittoengage
party, belceving up9n the engagement chat he fihall bee
certainely deftroyed in it. There is nothing in the skin
(as they lay) which will not doe its beft to faVc it : And
he muft be a rare Example who makes not his iait reib-
lution for his owne life, or fubfiftence, which is equiva
lent to life ; And thererbre the valiameft and mott ftii&<-
ly oblig d Troops ftick nottd aske quarter , when they
cannot defend themfelves any longer, and are juftiriccl
for it, even by thole for whom they fvvore to die.
Our Saviour ipeakcs ofa time when a man will /ell
all he hath for a fword : And we reade of thole who a
long time ador'd and kift a Goddefle faiined to an Oake
in a Grove; but when that Tree was ready to fall, no
one would come within the ftvi dow of her ftatue. And
as it is naturall for particulars thus toconfalt for them
felves, io is it as naturall for thoie Armies which have the
faid pjrticulars iu their poffeisions : Wherefore though in
thoie cafes wee rnay lament our owne miferies, yet wee
ought not to wonder, that a 11 in after-powers take iuch in-
tcrett in their owneprellirvations,as to uie all meancs that
V\ ee recover not a power to betray //- em .
4. This confideration obliges even thofe (who per
haps fight to ha ve L a w s fweetned ) to exerciie for a ti me
that Law which indeed is the iliarpe/iW^. the Martiall ;
and they who fight to free themfelves from an abiblute
power, are by that obliged for the time to take upon them
theabfoluteit, (as Dictators did) which abfoluttnefle
confifts in thele heads. In cafting off all recognisance of any
Sitperiour or Collateral! po^er : In^aging Warte: Inlety-
ingTaxes: In giving Oath? s : In making Leagues and in
ZTreafings Inftermittingno tf[>J>ea'e : in obliging to all fort
$ f Fidelity : And finally in Judging of life and death.
Here's matter enoueh to perplex Coniciencejelnecialfy
ifitfhould be exercized on it by that panic which is be
lieved to be the unjuft ; but yet mat is not the wortt * For
by the chance of Warre the other party may have the
power to embroile our Coniciences a new witn contrary
Obligauons : And after this the other may
be
f 5 )
be re-eftablitlit againe; and then.
— -H guas pcenas non exigit Ajax,
Vt male defenfus ?
But the difficultie paramount is this; Vt innocent Jit a*
nimusintemiratafortuna : and if we doe no more than
that which is lawfull, we are fure our Consciences will
be better than the times.
' Thus having ftated the queftion, I enter into its termes,
and in the firft place aske, What that is which we call
lawfull.
CHAP. IT.
What is requifite to make a thing lawful!.
$. i. Tbe variety and contrariety ef humane aft ion s 9
whence.
2. Ibc difficultie of f riling what is lawful!.
3. Hum ant Lawes whence : and wbsrcforc the Laveittf
Nature are abous ours.
4. No man naturally more a Judge than another of Nature f
Laws .
5. Natures Laws are for inward goodnefse andvertttf* and
ft ate Law for quiet and repefe.
pLainreaibnfhewesuSj that Naturall and Mathema-
A ticall caufes have more certitude than Civill: For
Nature is alwaies uniforme, and alike,, in its operations.
Hence fire alwaies burnes and never wets; aftoncin
the aire naturally tends downewards , and never ftayes
in the middle. In Mathematical 1 caufo,, ordinarily the
formes are fiich, a shave no middle intergoied.as betwixc
(even andod, there is no medium participations, betwixt a
right line and a crooked, there is no middle fort of line ;
thus two and two alwaies make fbure., &c-
I. But Civill or Humane a&ions proceeding from a
mutable and a various Principle, ( the will ) cannot al
waies be alike or unifbrme : and befides the will within,
hu mane adions without 3 are fubje^ted to different cir-
B 3 cum-
(O
cumftances, and to infinite incounters : By reaion of
which their exceflive number, they cannot beforeleene
\vhilemenaremakingLawes. Hence we may under
hand wherefore its (aid that Omnis definitio injure eft peri-
tulofa ; and that Summumjus may be at lome time Summa
injuria ; as to render a man his fword when he is actually
mad, &c. And as circumfknce hath power to change the
matter, 16 in the forme of the a&ion, it tea ves in the mid
dle a latitude and extent, fbmetimcs inclining to one ex
treme, fometimes to another.
. z.Forexample^ betwixt that which by prsecept we are
commanded ever to doe, and that which we arc com
manded ever to doe, is plac t That "tohicb is laWfull for us
wfto find then to doe, or not to doe3in matters of GUY o^ne right,
fo far re as they fame expedient or not expedient for us. Thus
Jofeph is called a juft man* because he thought of divorc
ing himfelfe from Mary, though upon circumftance hee
would not,&c. But that which perplexes all here is, that
this Licitum leanes fometirnes more to the one hand,
fbmetimes more to the other ; fbmetines more to that
which is abfolutelygoo^fbmtimes more to that which is
abfoluely bad ;from whence grow icruples,& doubungs,
whether in iuch twilights we really participate more of
light than of darkenes, that is, more of good than of bad.
3. Humane Lawes grow moft out of thefe middle
things, exmedii*licitui And upon right examination
we f^all fTnde/hat a man hath nothing elfe to difpofe of.
For we (poore Subordinate vaffals) cannot fb much as
deliberate de abfolute debitis & alfolute illic it is, for they
were in force before man, Prince or people were in bee-
ing ; and God himfelfe cannot now alter them, they
flowing intrinfically either from his San<5Hty,Wiledorn>
and Juttiee, as he is a Creator and a Governour ; or elfe
they flow from Nature, whofe rule (according to Gods
making it by that which is in himfelf )is right reafbn and
honefty : This uprightneflfe of Nature, together with the
obligation we have to be fubjecl: to it>was not a moment
sfter us, and therefore we could not determine any thing
about it$ For 'Yvhicih caufe vsre have not a Icgiflative pow-
ej
f 7)
er to alter or diminifh any of Natures I awes.
4. Saint^w/telisusof thofe who without any after ~
knowledge of Gods reveled will or lawes to man, were
condemnable by thof .- of Nature alone: in punifhing the
breakers wherof^no man is naturally more a Magistrate
then other: Otherwise what meant Cain, when after his
murtlaer he cryed,Whofoever fhal finde me will flay me.
5. Though humane Lawes remember us of theie
things , yet it is not as if they gave them their original!
and Primary force of obliging: Yea, rea&n offlatcis
not burled fo much about inward piety and vertue, as it
is about publique quiet and repo/e^or thofe actions which
regard another mans receiving right or wrong ; and
hence it is that great prodegality is not fb feverety pu-
nifht, as a little robbery ; and that»w/#5 homo potest ejje
bonus cftis: Thereafonis, becauie though he may doe
himfelfe wrong in his ownc rights, yet hemayalwaies
do other men right in theirs : Neither is there any clcare
reaibn, wherefore thofe lefe finnes and impieties fhould
bepumfht by any butGod.who is wifeft to know them
jufteft to weigh the merit of them, and powerfulleft to
puniflithem.
This is the (late of Gods ami of Natures fixt Ls/wcs,
to which we are all equally obliged ; but our flotmg and
circumftantiated Laws areonely to give a rule for an e-
quail and mutuall community in things which God nnd
Nature gave us to diipoie of as we would our felves:
and now the queftion is^ Firft, wfet right or liberty wee
have naturally in our owne a^ro^is , as alfo how we
were originally invcfted with la\^&ll pofTeflion of the
gifts of Nature. And Secondly, how our willes«fince
difpofed both of the one and of the other, or which is e-
quivalent to both Ctuellions., That as originaliy "toe bad and
did all by the LaV>es of Nature ,fo "together rufto 'our ft ate and
conditions befucb3 tbat^e neither have nor can doe any thing
lawfully but by permission of humane "Written LaV? .' The
following Chapters of this firft part treate Generally of
this, as a ground or introduSion to the fecond , where
the particular c,afes of payiag Taxes,ferving Personally,
Swearing
(8)
Swearing, and finall Allegiance to the u/urping party,
are morediftin&ly handled,
CHAP. III.
Of what things we have a lawfull right to
difpofe.- Or what our originall rights in
them may be before we de facfo doe dif
pofe of them.
0 i. Concerning «ur natural! (hares in tbe eartb^ and
whence came tbe Community of things at tbe beginning.
2. Whence tbe feparate enjoyment of rights infrejent.
3. Concerning the right which menbadto feizecnwbat
they would at the beginning.
4. Of Poffejfion and its originall right 3 and of Plan
ters in Vacancies.
5 . Of tbe Conditions of Plantation^ and of Vacancies.
6. 1'be natural/ right of makjng laft Wils andTtfta-
mens of what we fojfiffe in our lives.
Sett. i. AS Heaven is inhabited by God and divine
" Spirits of inferiour degrees: fb is the earth
to be inhabited by ir^n.and feverall iorts of creatures
inferiour to hin? ; anclj'that in order to his ufe and domi
nion. God twice g^ye us the earth a* a common ftocke
and patrimony to live on} after the Creation, and after the
deluge, v^Sf. 17.17.26. Men then lived at eaie enough,
feeding on?y on herbes and rhofe things which nature
prepared for them, without their labour: And this
(late of Community might have lafted ftill, if we had
but two qualityes which were proper to thofe times
Charity, and Simplicity of which, nakedneffe, and co
verings of bcafts skins was, and is ftillan Argument:
Witnefle the inhabitants of the new world, and of the
American Ifles.
2f But
(9)
2. But now our luxury and excefle isluch,, thatic
takes up the imploy ment of three parts of five, both of
men and time ; fb fmali a number are they who till the
ground, looke/to pafturage, and things neceflary to the •
Hibfiftence of our lives : Nay, tis impoflible almoft for
thole who are bv profetfion occupied in theneceffary
imploymcntsoflife, ever to rife to the fortune and ho-
our of thofe, whofe profusions confift in, and fubfift
y luxury and excefle ; For inftance , a Plowman ,
iillar, Chandler or the like, never rife to the fortune
r etteeme of Jewellers of exquifite perfumes, Ta vern-
eepers, &c.
(Jut of this we may eaftly difcover the occafion of
nens receding from their originall community, both
nmoveable and immoveable goods, That when men
vcre no longer concent to feed on the fuperficiall bounty
f the earth> aut de Jponte natis, nor to live in caves, nor
o weare habits made of rude beads skins, or of the
arke of T rees, but fought a more delicate kind of life,,
ben there was need of much more indufhy then before,
•which particular men appli'd to what they feiz'd on in
>articu!ar. An other occafion (zsGrotim hathobier-
ved) might be, the diflance of their habitations upon the
>eopl ing of the earth • which might well hinder their
aying up the fruits of the earth for a common ftock:
A salio the defect of Juffice and Love, which occafi
on 'd an inequality as well in labour, as in (pending the
:ruits of labour,
3. Wherefore upon thefe occafions they began to
divide: And tho they had no rules given them for the
(ktaile, and laying out -the parcels of this great Com
mon, the earth; yet the firit pofTeflbrs might without
fcrup!e of doing others wrong, place their bodyes where
they would, yea take what, and where they would to
(erve their natures :. And afcer their hands had once
fattened on any particular thing , no man could take ic
from them againe, without doing them manifeft wrong.
Thus an empty if age is common in every particular pare
or place, till particular bodyes haveplac'ttbemfdves ;
and
and then the maxime holds. In part jure meliw eft condi-
tio pofsidenti*.
4. Poflefsion therefore is the greateft Title, which is
nothing elle but pofitiopedis; As if the Ancients had no
other Scale to confirme their Tenures., but the prints of
their feet; and good reafon too> feeing the mind is not
able to take up a place fo well as the body : For many
mens wils may concur in ( wilhing and liking)the fame
thing, but many bodyes cannot concurre to the poffef-
ring it. Befides, the minde cannot (ct an outward mark
on what it likes, that thereby others might be warned
to abftaine from it ; all which the body properly doth. .
Abraham and Lot going to plant , declared no more
then this,, That there "teas roome, or Vacancy enough \
and therefore without further examination or fcrtiple
they knew they might turne" to the right hand or to the
left, to poflefTe what they would to themlelves.
5. This vacancy is twofold, i. Natural!.. 2. C/>///r
The fir ft is in things which may be pofleft, butaelually
are not, neither inLproperty nor u&. Such a vacancy
-which is nullws in bonis, might be occupied by Stoitzers,
who as C<efar iaith , would faine have changed their
rough hils for fome neater Campania , Cfoill vacancy
is ubi nee pojjefsio eft plene in homine, nee homoplemin
poflefsiom ; that is where it is not absolutely incorpo
rated, as amone the roving Arabians, and many Afri
cans, whopofTeffe onepLice to day., and another to
morrow : Thefe by their frequent returnes fhew that
they abandon not the places they remove from , as
dcrelitta qu<e quit in bonu amp Hit's numerate non ^ult. We
canonelyfav, that their naturail and Voluptuary intereft
in them is no way improved. But we muft prefTe this
Argument very tenderly, left by the fame reafon o-
thers conclude, Thatthofe Eftates which are not com
petently improved , are derelict and occupyable by
others , which would introduce perpetuall cdnfiifions ;
andeafilyperfwade every man that he could husband
his neighbours eftate better than hiriifelfe. However
this is a clcerecaie for all Planters, that thoie "totftes, or
CHAP. IV.
Whether the Property which we have in our
Goods fwallows up all right.
£ I. He who balb nothing by humane pofitive Law, may
yet feeke bis means of jubjifteme by the Law of Nature.
2. Wherefore one man may naturally baue more then ano
ther.
,'3. Whence it is tbat there was at the beginning and is
fliffs a Tacite cpndjtion of re-affuming our Originall
Rights in cafe of extreame or nalurallneccjfity for 4
natural! community.
A. Of Ckriftian Community*
5. Whiter
iance,, or for theirs, who fubfif I onely by us. Wherefore
rus redy toperifh (not by fault out r
misfortune )
lad taken (Div« his crummes contrary to his vvi!l, yet he
3ad not finned ; no more than be fbbo takesfometbing " bich
tbe Lord batb gften bim , tbougb (be fteTbard contraditt it*
But if it ib happen that they be in pan necefsitate, then
melior eft conditio pofsidenti* : Or as Saint Pauls words
were when he excited the Churches charity & a'mes, for
thereliefe of the diftrefled membei-s ofChrift; No^(quoth
m)tbatye/kould beftmgbtnedy& tbey abound.2 Cor.8.1 .3.
. The will of thole who firft consented mutually to
divide the earth into particular pofledions, was certainly
fuch as receded as little as mi^ht be from naturall equi
ty : For writren Laws areeven now as neer as mav bee
to be interpreted by that; and from hence it is, that in
extreme and defperate necefsity, the ancient right of u-
finp, of things, as though they had M? reman d in com-
common3is revived. 'Tis necefsity which m, kes Laws,
and by confluence ought W be the interpreter of them
after
after they are made. Hence flowes this legiflativerule,
Leges humance ob'igant utifafftffiwt. fcilicet, cumfenfu bii'
man* imbecillitatis. All Admiralties judge this equall,
That if provisions begin tofailein afhipatSea, every
'one may be forc't to bring out openly, what hee laid in
for his paflage in particular, that f o all might be /pent in
common : by which distribution it may happen, That
they who laid in ten times more then any one elie, fhall
have but an equall (hare with the reft. In like manner
when the Sea breaks in upon a Country, we may dig-in
the next grounds to make a bank, without flaying for
the owners permifsion. In fiich cafes of necessity, bu-.
mane La^s do not fo much permit, as expound their natu-
y 'all equity : and that which men give to thofe who are fb
innocently diftrefled, who borrow life onely from the
fhaddowes of dcath^ Ht piftafe tempeftate tuentur^ is not
ib properly a charity to them as a duty ; and if hee bee a
Chriftian who gives, perhaps he doth more charity to
himfelfe. then to the receiver.
Sett. 4, The reaibn of this Chriftian-charity or com
munion is as farre above thenaturall, asChrifthim
felfe was above nature; This requires an equall bea
ting of all pulfes, that as fellow members wee have j
fotnogeKitdlfinct and palpitation. By the Rivers of Ba-
bylon every one fat downe and wept, and all their plea-
&nt Inftruments hung together on the fad Willowes
Every thing mourned alike for Orpheus when his
torne limbs and his harpe were thro^wne into the Ri
Ovid. - Caput Hebre lyramque
medio mirum dum tabitur amne
"Flebile nefcio quid qiteritur Lyra, flebile lingua
Mttrmurat exanimts, respondent flebile rip*.
Wee are to divide a cruze of ovle and a/ew hand-
fulls ofmeakwith one of Chrifts flocke, with ana-
bandon'd creature , to whom.
Ke quicl(quamfundofiij]>irat nutnmm in imo. Perfius.
And lurelythe violation of this Ins ckdriutis is no lede
then theft in tngfe \\hgbeing of extended fortunes never
dc-
themfel ves, but Securely exfpedl other mens releife, idle
tothemfelves, and burthenfbme to us, 1
. Wherefore in themidft of thatPrimity Communion
we find that the .Apoftles went <Domatim from houie to
houie breaking of bread, therefore they even thenre-
tain'd by their houfes in property : which property is iup-
pos'd by the Eight Commandment, as well as it is by
Chriftian charity : For no man can fteale, but by inva
ding the right ofanother : and as for dharity ic is necei-
fary he have fomething of his owne to be able to fulfil!
1 its commands ,, and to make a dole at his doore : And
ic is very convenient that he give it rather with his o\vn
hand, man by fbme publique colle&ours, For Charity is
faated mvft "frith the fence of its cfone attiQn}Ma.t. 7. 11.
Moreover under the Law Jews were commanded to
love one another as themfelves, yet this command took
not away property then, therefore ic -takes it not away
now. Notwithflandin^ we owetheufeor«/tf/n«# or
our properties to the diftrefled, though our felves bee at
juit as \vec areconunandect
by the peril of our own lives toendevortofeoireour
Neighbours life ; which is yet a charity more tranfcen-
dent then the other, by how much lire is above lively-
hood. Though ffotes punifh thofe who out of meer ne-
ceffitytakefbmethingoutof anothers plenty, yet thac
proves not the a6t to be a iinne, or repugnant to equity
or conscience., . but rather repugnant to conveniency of
ftate, left thereby a gap might be laid opentoLiberti-
nifme. Reafon of ftate we know confiders not vertue,
fo much as publique quiet and conveniency^ or chut
right wh ich is ad alterim.
5. Wee will now confider 'thofe things Tbbicb arc
Gods ; which yet are not his in fuch a ftri6t rigorous
fenfe , but that they lye open to the exceptions of out
juftncceffityes. Hence that which is devoted as a fa-
crifice to him, in cafe of necefsity may bee made our din
ner ; witndTe(Z>4l>fc/j a<5t : Wherefore the coniequencc
ofourSavioursanfwer was very flrong, when he de
fended his pulling the eares of -cornc in anothers field ;
That if it "teas la^full for David frihii necefsity to eat that
bread y>hicb y»as provided for the table ofGod, then hoto
much more V>as it laltfuUfor him and bis rfpoftles in their nc-
tefsities to tal(e a refreshing out of that ibbicb belong d to man.
The Canon law faith, That if no other means can bee
found, the Veffels of the dltar may be fold to redeeme
thofe foules who are inthrald in mifery and captivity :
and is there not good reafbn for it ? feeing they ferve but
for the (bules of men, and therefore the' foules of men.
are precioufer then they : Yea, the facrifice itfelfeto
what end is it, but to obtaine a ftate of piety for us / Se d
fojfumu^. Eraf.
CHAP.V.
C H A P. V.
TheOriginall of Property 5 and of the in-
tailing the parcels of the .Earth in partial*
larpropertyes.
i. Whether the eartb and its fruits benowufurptby
their Pojfeffors ?
2. Whether the Rights over Perfons be now ufurpt t
Whether fewitude may.be perpetuall >
4. The Civill flate bow it perfecls that of Corrupt Na
ture-
5. Whence tbefirfl right of tbefirfl dividers ?
6 . Inequality caused Property.
7. Wherefore the feller among the lews, gave \& fhooe t9
the buyer^in tbe alienation of a Pefleffion?
Tbat which bath not any markg of 9ne mans Property^
lyes exposed to any mans.
9 Of property in Paradice ; and bow tbe comtnand for*
Bidding eating* was forbidding foaling.
10. The /implicity of tbe firfi orPythagorianfood required
no Property.
11. Abraham recorded for the fir ft Proprietor, tbe fir ft
purcbafer with money^ and drejfer offlejb which was for
12. Poverty and Property confident in tbe fame ftate.
13* Wee have no Right of Nature to recover a State of
Nature.
14. The difference wbicb is betwixt a right of Nature, and
a State of Nature. .
|. The difficulty of maintaining a State of Nature.
16. A fimple Naturall fubftflence may be bad without di-
ftnrling *riy Sttie,
C 17-
(is;
ij.Tke advantages of tbe rid>, are lut advantages of
Opinion.
!§- Wbyfome ought notfrofeftly till the eartb9 and yet
have fulfiftence by it and tbe paines of others.
AS reforming powers in all Ages make it their chie-
feft worketo take down the greateft Colofluie's^and
\vhat ever elfe might be ombragious in the excrefcencies
of Civill Pomp; fo fome others of this Age, by anew
Art of levelling., thinke nothing can be rightly mended
or reformed, unlefle the whole piece ravell out to the
very end., and that all intermediate greatnefle" betwixt
Kings and them, fhould be crumbled even to duft;
where all lying levell together as in the firft Chaosj,
Spades ought to be pur even into the hands ofthofe who
were heretofore adorned only with Scepters Iftheone
reject the O nice of Kings here any longerthe other will
not allow their Effigies on coyne : So Tyrannicall a
thing they conceive it to be, that they to whom God hath
given a S un and an Earth to produce fubliftence for all
the world, iliotild be exceed from the fruits of it, un-
•Ic'fle they haveiuch a metall, with- iuch a marke to
buy tho(e fruits afterwrard of one another s; or that thai
which hath but a valew of Opinion^ (hould be made the
valew of all rcali neceflaries. They plead, that he whc
buyes_, and he who iels the earth to a fellow Creature
removes the I and-marke from h third perlon, to whorr
the iaiiie Land belongs as well as to the other two, b
which dcfraudation, hee., the third man., is munhered b
them , fl-oin whence come ii 1 1 the preat mifchiefs of Pr(
f>crty , and of Law which defends ic, under both whic
the Creation eroanes.
Se&.v. As the earth is ufurp'd thus.fb arc(fay they)mer
perfons : For the Law enflaves one fort of people to a
'.nother. The Clergy and Gentry have got their freedon
but the Common people are ftill fer vants to work for tl
other, like Ifraelites under Egyptian taskemafiers
Whereas all the other Creatures feare and ferve us alik
"becauie they fee the fame Iijiage of Cod in us alik
whc
I whofeflm likewife fhines upon us all with cquall dif-
1 peniation of his rayes,
3. 1 wonder not fbmuch at this fort of arguing^ast^
find that they who have fuchlort of Arguments iri their
mouths., fhould have fpades in their hands : for they
conteine the moft intricate points of the Conftitution of
ibcietyes>ofthe Lawes of Nature and Nations. It is a
queftion which hath non-pluft many ( who define juftice
to be a conftant intent to render to every man that
which ishis own) How a thing comes to be C riginally '
another mans own or Property f It hath been a com
mon argument againft Tyranny (which hath likewife
pretended old Conquefis and compacts ) that the rights
which we have in our Cferfons3 could never be alienated
in an unrcalbnable flavcry for ever; Yea there was a
yeare of Jubile for the frecdomc of fervants : Evenfo
lay they concerning the naturall right we have in things,
; they cannot be alwayes alienated in fuch a fervitude to
i others 3 as thereby to involue us necejflfarily in diftru6h-
ion
i 4.Tho the precedent Chapters have treated diffidently
i Df the rights of perfons and of things in a State of Na-
. ure, and how neceflarily they earnest firft to be impro-
jpriatedj and how equitably they are now continued in
.(i Jic pofleflion of thofe to whom the y are consigned by the
ajDonation of others , and maintein'd by the equity of
yiraw, all which is juftifiedby theSriptwreitfelfe: yet
f][ .mall here examine the bufineffe further; And in the
irft place I can fee nothing which fhou!d ma kethofc
jj erfons wifhfb much fora returne into a ftate of Nature,
s the fimplicitv and charity, which they fondly fuppofe
s infeparable from it, and to be found no where elfe.
""or good Ci vill ftates are not contrary to, but m a ke up
ie perfection of the naturall* St. Paul hknfe'fe ftiles
lofe who were lefle civiliz'd than others. Barbarians.
>Jot as if there were not faOlcs too bad in either ftate, but
icy are not to be attributed to the ftates themfe!ves;on-
y where there is lefle fociety, there muft be lefle huma-
,0 ity; and they who lead depraved lives in woods, are
C 2 liker
(20)
likcr beafts than men, aud they who live fb in Citves,
arc liker Devils than men, which is a corruption of the
nobler part, and therefore of the nobler State. Tho our
Luxury be now great in glorious Palaces, yet the woods
gcCaves of old were not free from it,nay,they who were
moft addided to it among them were afterwards made
their Gods : and I know no Art which was brought
outofthofewild woods into Cityes , but that of mak
ing Gods and Idols.
QUK tamen affirmat nil attum in Montibn4taut in
Sfehwcis ? adeon fenueruntlupiter c^ Mars / lu vc.
The Senate of fyme and the people had anciently a
S n* t**f *ria TSrcat controverfie about the Property
tD'7«r «""*• /and Divifion of thole fields which
were taken from their enemies neare^wf, at the ex-
pence of the Peoples blood, and it came to a iecemon,
after which the People were necessitated to rcturne to the
Towne againe, and to the focietv of the Senatoursj
Here was a controverfie not of Property or no Property,
but concerning a proportionate paitition of an acquih-
tion ; A plaine do vvne right demanding a returne ad ti-
^w/'dforailagaine, I think was never heard an before
nowinhi{!ory.
f. Here therefore I fhallbe^in tofhew the firft right
which the firft dividers had to the firft Property. .
Some think this is liifficiently proved thus, That the
Original! right of Dominion is derived to us from him,
from whom all things derive, and thus ( fay they ) we<
have Dominion in the earth. In the next place, tha
God is the Author even of dittincl Dominions, accord
ing to <Dei{t. 3 2, 8. When the moft ki sb G o ci divided to tk
nations tbfir inheritance, "token be feparaied the Sonnes {
Adam, he appointed the b§ rderS of the people according to ti
number of the children of I fraeL But all this proves not
diftribution made by Cod to every particular fonnec
Adamfno\: to every fingular child of If rael, but collect iv(
ly as Adams Cons were divided into diftin& Nations, ar
Ifraels children into Tribes,who received from Godtl
Divifion for the Tribe in grofle oncly, and not in pa
ticula
titular, Although it was eafy for them to agree after
wards even in fingular partitions orcompa&sforfub-
fiftm^ one by another, who alwaycs had God and his
Prophets to counlell and command them,
6. Wherefore I rather conceive that in a ftate ofMature,
and where famil ics met confufedly, they participated in
a Community: Where as ffar inparem non babuit potejl<t-
tern , 16 1 conceive that inequality perfectly bred domi
nion,, and that Property; It being but naturall, and no
injury, that in a ftate where there is no mutual! obliga
tion, the inferiour in force (hould give way to him
tfiat is fo much lupcriour. This neceffanlv breeding
feare in many, could not but breed generall compactor
conditions for (ecu re nei?,hbour-hooa, and for holding
what was firft laid hand on, though in unequall parts,
Pjrobably hcc who by power oveawed other mens per-
fbns? afsign d them their portions ; yet this fbllowcs
not, but he the firftpofleflbur ordiftributcrhad what
he had, firft by Occupation. And in this manner N/'w-
rod probably was the difpencer of the fortunes of his
flllowers , as our Conquerour William was of his here,
of which tenure there is lufficient evidence ftill.
7. In the former Chapter I fhew'd vfhete&rcfijfffiti
was ib called J pe/Jitione pedis, for a mans taking up a
, place ordiftincl: difirid^ for himfelfe, as the firrf right
' and tenure from whence all the reftderivd toothers
, afterward.For which reafbn poffibly the cuftome was a-
. mong the Jews, when they alienated anypoileisionof
] Land, that he who fold it, pulld oft his fhooe, and gave
ritto the buyer, thereby giving him fymbolioily his
fpofitio pedis or poflefsion, as fytb.q.j. The ufeof this
jCeremony in a different occaiion , ®eut. 25 . p. dirproves
', it not in this; for this was their ancienteft ceremony, and
0 therfore muft needs derive from the ancienteft contract,
t which was this of pofTelsing particular lands, and being
, the ancienteft, might be drawn into uie for other things
I, afterwards. Beftdes, in that cafe where the kinfwoman
r i^ntyes the kinfmans fhooe ( with reproachful /pitting in
„ his face, becaule he would not marry her to raifetip feed
C 3 unrQ
unto his Brother) That might fignifie the denuntiation
ofacurfe, vi^. that he might be difpofleft of his for
tunes, #•»£.
8. It is a good rule of I aw, Quod tuum non efl9 id fcirc
deles ad aliumpertinerebutthis relates to a Civill ftate a£-
ter a meum and tuum are acknowledged ; but in the other
ftate, meum and tuum go together ; or rather all men
there having equall right to all things, there is neither
mcum nor tuum for an y . B y the difTolution of things we
may fee their Competitions, and if we will read owr for
tunes backwards by our misfoi tunes , there is a Mari
time Law concerningfhipwrack, which will convey us
clearely into this f7r(t right of acquisition, Innaufragio
quod quifque fertare poteft , fibi ferret. A de leg. 5{ho.
Whatfoever any man can fa ve in a wrack,, it is his own;
becaufeheat that time pofTeft himfelfe of it, when ic
'Was loft to the owner without hopes. Moreover the
Law faith concerning things which are loft , that if they
be things which beare no" particular marke of the pre
ceding owners property^ (as a (hilling which is alike
•with all other Shillings ) in fuch a cafe it is not neceflary
to c^ rr y it to the Cryer to know the owner of it ; but if
a purle of money be loft, that ought to be carryed to
the Cryer; becaufe the purfe beares particular markes
for a particular owner : as if in the acquifition of a pro
perty, jnjury could not be done to another* where no
man had acquired property before, which is the cafe o
firft impropriatours in Occupation.
9. When Adam was alone in the Garden of Eden, h
was in a ftate of property,for of one tree thereof he migh
not eat : fo that his firft fin was a fin aga inft property^ aiu
therefore theft, or at leaft a fin of Ambition by theft ;
Ambitionevcrfinceis inaintein'd by ufurping fbme o
thcr thing alfb which belongs to another. For that rea
(on he hid himfelfe as fearing to be punifh't for that theft
as ifGods command Thou fhalt not eat^had been Thoi
fhaltnotfteale. If Adam had not had enough with ou
the allowance of that tree, he might have pleaded a
or fhew-bread.
10, How full of Simplicity the firft life was., and what
little need they had then of ftrift property, is apparent
byznoldLzw3)cglan(telegen(la, for gathering of A-
cornes, where by Accrues the Law understands all fruits,
as if-thofehad been their cheifeftfood, as I am willirg
to bcleeve they were , not onely by the evidence of that
Law, but becau/e I find Itftenal Co exprefle it.
Etfobc horridi orglandem ruttante marito^
The rude Husbands then belftTt Acornes through the
$reedinefTeof eating; and they thought they might bee
beftnourifh't by that tree^ out of which by poetical!
fi&ion they thought they were firft made, as Virg.
iaith.
Genfque T?irum truncvs, & rupto robore nata.
1 1 . But to returne to A rgument3 we find nothing I con
ceive in Scripture which intimates the abolition of this
Pythagorian life, till Abrahams time, in whofehoufe (for
ought we know by Scripture ) the f irft feeding on blood
was, and that by Angels, for whom he killd his calfe;
By himlikewifewefirfthearcof property and of mo-
.ny, with which he would needs buy Epbrons field for
th€ buriall of Sarah, even when he was preft to take it
other waycs. But if property had been a fin, he would
not have acknowledged it ib peremptorily as he did to
theHitthes; and thereby have confirmed it to them.
God gave the Land of Canaan to thelfraelites in pro-
perty : and the reafbn wherefore one Land may bee
in property to one people 3 diftin6t from the intrenche-
rnents of any other people, is the fame in proportion,
wherefore one Acre may be diftin6Hn property to one
iingle man of fiich a people. They had the Judges in the
gates to Judge of this property,, and we know what
ilentcnce was pronounc't irom Heaven upon a King,
for ufiirping the property of a private mans Vineyard,
therefore Law and property are no fiich burthens to" the
creation.
12. That fbme faultlefly lead indigent lives in a
atCi is no argument of Tyranny in Property, but of
the ill ufe of it, 2>e«M5.iij. God faith, becaufc there
(half
ftiall be ever fbme poore in the L and, therefore I com-
jnand thee to open thy hand to thy brother, andLeVtf. '
19.9. When ye reap the harveft of your Land, you
fhali not reap every corner, and thou fhalt leavefome
grapes in thy Vineyard for the poore and the Stranger.
1 3. Ob. Here it may be objecM.that if it be confonant
to the Law of Nature,that the tenure of things fhould be
fuch as they now arc, then there is no neceftity lyes up
on us but that they may be attempted by the fame Law
to be recovered into the fame naturall fhte, which is a.
iftate of Community.
Anfto. I deny this confcquence,fbr ask is confonant to
Nature, that my fhare of fubfiftence which was be
fore uncertaine , fhould be now fi xt, fb is it as necefTa-
ry that the content which others gave to this at firfi,
fhould ftand fixt, efpecially if there was no obligation
till that time , as our moft learned Sclden faith, dejure
na. &gen. admen.Heb. Id obligat quod eft exofficio, autd
Legis eft ; |but the Sanction of a Law fuppofes the nullity
of a State of Nature,not of a right of nature.
i 4. For they who fo object fhould confider,that there i«
a great dcale of difference betwixt a right of Nature,
and a State of Nature. I have a right of nature to live,
but not in a State of Nature, becaufe others are not ob
liged, out of confederation of my wants, to foregoe all
their rights , as they mufl if they will returnc to Nature
as to a State : Moreover I who am now fattened to a
CivilJ Rate , have a right of Nature to do or not to doc
fuch things as are not yet cautioned againft in Law, and
are honcft ; but yet the reftraint which Law and Socie- \
ty hath on me in other things, hinders me from doing |
the former as in a State of Nature. Nay I beleevc though
JT Potiortjt Can- "7 moft were willing to returnc into a ftatc
\ditro Negemjt. j of nature, yet in jufiice they ought
not, if there bee any of the fame fociety who di£
fent from it. For in a Negotiation of partnership
where mony Art and toilefbme induftry are by free
6*nfcnt mutually contributed only for a fuch a particu-
Jir negotfation,tlicrc the Major part cannot retra^ wha.t
they
i they have done, nor recall all during the time of this ne
gotiation, to undertake as they think a better other-how
and el/e- where, quia in extremis petior eft (onditto negantu,
i and thefe difsenters conceive they fhall be ruined if they
j change from this to that.
1 5.They who would live thus brutifhly in meere Na-
•ture, ha ve not yet considered that to a voyd Law, they
muft live in perpetual! war, ( there is no fuch thing as
Saluspopuli, or protection there ) and that they can never
find a way, how the fruits ofthe earth fhould be kept as
I a Common ftock, and be equally distributed and Spent
according to the equality ofworke done, whereby eve
ry one ought to have his Quantum; neither have they
considered who fhal take care for the fubSiftence ofthoSe
who by infancy, impotencv, and accidents , cannot
1 work nor provide for themSelves : whereas the inequa
lity of our being and coming into the world, makes a
) neceSTary fociety of impotences and potencies, and lo
I consequently of riches. For if the Strong Ion dye who
fhall looke after the weake father, & Vice \erfa*.
*6. If a natura II proportion be a II which is aym'dat'^:
: no diScontent out of Companion of fortunes Jit is a mans
f own fault if he finde not that in any ftate; becaufe nacure
is contented with a little, and few wild men live So well
as our beggars, which even mikes moSHnferiour peo
ple in a State, feare confuSion.
17 By this argument there is no quarrell to be made
with thoSe who live foftlyer than others, as doing them
injury thereby; for their natures receive no advantage by
itjnay they are unhappier than the poore, becaufe they
cannot want So many things as the other can^& are more
! (harply pum'Sh t for their delicatenelle; Plowmen being
i rarely rack't with gouts, tormented with petulant con-
fumptions,the ffone,or the like.Hee who in a CiviJl ftate
\ hath many fervantsto attend him,& to give him the opi-
i HionofgreatneiTe, yet his perfon Spends no more in a Na-
turall way,than any ofhis,fervants doth; who al of them
have naturallSubSiftenc.es5 by him, which is all that is
18. More-
1 8. Moreover the lauda ble condition of fome fort of
people is,notto work at all. For, that the mind may en
joy its contemplations, and thereby receive a culture for
Jpirituallfoodeto be diftributed to others afterwards,
(who thereby enter into a Society with God and holy
Angels) theie muft be provided for by others,, as the Le-
vites had Tithes, and Saint Paul faith, the workeman
ought to have the price of his hyre. Thefe muft bee free
from earthly toyle, as Setb likewife was -when hee
built his Pillar of Arts and Sciences; and as No^was
whil'fi he built his Arke, and as Jiierom and Salomons fer-
vants were when they were building the Temple; For
which zeale God gave him gold and iilver as ftones in
the ftreet ; which as it was call d a bleffmg to him, fo I
ihall in the next Chapter examine whether it be (as fbme
now argue) a curfc to us.
CHAP. VI.
Of the nature of Mony 3 its Civill ufe and
Valew.
$.1. How Commerce is mw made equivalent 10 natural
Community.
2. Whether money beoneljfitto maintains the trade and
credit of Vki*.
3. Whether Abraham cbofe to acquire a property by money"?
4. Of the Naturall and Inftrumentall meafure of the value
of things.
5. Hew mony is equall to all things.
6. Money is for buying and hinders not but helps permu
tation.
7. Money the inflrument of parity and facrifices
as of our Necefsities.
j^Oney is one of thofe things which they who want,
lv*want al other things but words to reproach their bad
fbrtune.ButJome times it is the policy even ofraggcs and
Pover-
X / X
Poverty it felfe,to undervalue that which it cannot have.
& to convert that which it hath ( though never fb meanc)
into an e fteeme ; and then to Lodge as much pride in a
I Tub, as Alexander could in a Palace, tho it could not
(j :empt him to a change of condition.
l&lhabet infelix paupertas durius infe
Quam quod ridiculos homines fatit.
No wonder therefore, feing rich men will be obfli-
jnate to hold to their advantages, that defbrmd Poverty
I (which mixes with them in the fameframe,as a fhaddow
I to fee ofTtheir colours the better ) would have the rich to
f defcend; to them, in which equality they fhould finde
j nothing of reproach. Though it be demanded lowdly
i enough, yet I fhall examine Quo jure it is, that in a
I State where Ktngs are layd afide. fieeina pecunia fhould
1*1 •>* f ir-1 V****
ikewiiebedepoled.
I . I grant that we all live by the Naturall or intrinfique
\ value of things^but the way to come by them,is onely by
an Inftrumentof Civill value, which is money.Infteadof
Community there fore we now have commerce, which
Commercium is nothing elfebut Communio mercium ; But
communion muft needs bee by the meanes ot another
!j thing that may beare equall proportion on both fides,
j which is monev only, as fhall afterwards be fullier
j fhowne; For I fhall firftheare and iatisfie the complaints
that are made againft it fb impatiently.
Where there is great Luxury, there muft beelikewife
great Induftry to maintaine it, & therefore the Induflry
of this Civill State, mutt be greater than that which is in
the fimple ftate ofnature;but what is there here tobl aine,
feein? indnftry, no more than plenty isinitfelfeafinne?
Objett. It is the anfwer of envy or Ignorance.
Prima peregrines obfc<ena pecunia mores
Intul'm.
2.Mony is that fay they which maintaines the trade and
credit of Vice, if that were taken aw ay, we fhould looke
after nothing but NecefTar yes, which are virtuous. Ic
makes too nice inequalities & diftarices,andisnotfig-
nificam enough in the beft things ;f or all the money in thq
world
(28)
world is not really worth one penny loafe, which is
convertible into our Natures andfubftanccs.lt ferves on -
Jy to aflure fortune, but not Virtue ; It is accepted as the
Kieafurc of all things Naturall, Morall and Divine.
ForJHonour is nothing according to Ariftot.Pol. but
dpyfi©- TA»T®% ancient riches : and in Moralls Virtus
po/tntmimos : This in religion breedes that root of all
cvill,Covcteoufnefle; For in a fimplef late of Nature,
neceffary things muft needs be fpent wirhin a fhorttime,
and the returne of the Sun brings a new fapply and a trea-
fMonar'? fore greater than that of the Indies,, of which
\Hifp. 5 Campanula faid wef,That it was got in blood,
failes home in a tea of blood, and never refts till it be all
laid out in blood ; This was that which was made the
price of our falvation, evenof thebloedof ourblefTed
Saviour, thirty pieces for that which was worth 30000.
worlds • but in the religion of the firft times,
•• 'N.ullo Inolatus lupiter auro, luve.
And if this had not beene brought into the world wee
fhould not have fo much to difcount for at the day of
Judgement. Why therefore fhould that which is cou-
demn'dtotheobfcurityoftheearth, and lodg'dibneete
Hell, now be madetheprice of all that which is above
the earth, even J/Vo ufque ccelum? or why fhould wre bcc
excluded from the gifts of nature , unleflfe we firft have
thoie of fortune ? Is it not then more reasonable , that
rich men lofe this instrument of luxury, than the poore
ihouid looic the ncccflary meanes of their fubfiftance.
Anfiver. This is die plea which is made in forma pau-
feris & dc ipfapaupcrtatc, which hardly ever was before.
But in the nrft place I dcfire to obiervc ( as is above )
That neither the llupid fimplicky of thewoods,nor pover
ty it lelfe are anv part of Virtue, and therefore are not
reckoned ble/Tlnas, as Riches were to Solomon ( hee who
built Gods firft Temple, and put his Religion in Jufter,)
and as they likcwi(e were to Numa from whom money
was called N.ummtts ; he likewiie built the firft Temples
at 5(ome3 and kindled the firft Veftall fire, &}emcm po-
ptiltim deorum ntetu witic&Vit*
3. We
37. We know how God converid with Abram^ho was
t|ic firft that had mony &made ufe of it to buy a property .
It is true, they which with whom he inhabited called him
aprince ofGod^but that was no argumet to him todifbwn
their properties, but for the cotrary, left they fhould think
that ^Dominion or a right to things was founded in grace.
But to detcend more argumentatively into the reafbn
and nccefsity of this kinde of Meafure, I fay,That money
is like a Law or a Government which are all conftituted
by the fame extreme nccefsity, and therefore the cpun-
fciting or attempting to deftroy any of thefe by private
meanes is every where Trealbn.
4. This meafure is two fold, either natii rail or Civill>or
rather naturally the inftrument which exprefles the na
tural! by equall permutation.The natural meafurc is pro
portioned either by want or plenty. In want we confider
whether the thing be ufefull or neceflary. Things which
are neceflary are beft, but of left price, as a lofe'of bread
is more neceflary,but infinitely cheaper than a Diamond.
One man hath hatts3 another fwords ; thefe two poisi-
bly have no neede one of another, and therefore there,
will be no permutation betwixt them ; but if one had
neede of another,, then he who were mo/tpreft, would
come to the price of the other,and therefore want or plen
ty is the meaiiire of eftimating things,arid^s the bond of
fociety , wherby alfb one man fhewes he is or may be uie-
full to another; & nature hath fb ordered it ,, that no man
is fo rich, who hath not ibme neede of the poorc^ and no
mm is fo meane and abje&, but he may beefome wayes
uiefulltotherich.
5. The Civill mealure,or rather inftrument wherby the
naturall expreffes it felfe, is money, which hath but a reig
ned value, and therefore it is (bmetimes higher and low
er in eftceme as men pleafe, which could not be if its va
lue were naturall, which is unalterable. Money is like
the middle tearmeof a Syllogifme, of which it is (ayd,
%u* cort\>eniunt in tertio cori\>eniunt inter fe ;as for example^
itl havecloath atfuch a price, and you have a quantity
of Cornc at the fame price, then wee regarding the fame
price
C 30)
price may make an equal permutation;or if I give to you
a piece o-" gold for your Corn at the fame-price, the fale
is equall againe. Whether it be an inconvenience that in
fome Countries money is atfo-iie time of a Higher value
than at another, is not a confederation of this difeourfe,
for the price of things' themselves change more thanaiay
mony doth daily.
6. Money is an invention onely for the more
expedite permutation of -'things?, but it doth not fol
low that men may not make any permutations but by
money, even as well now as if we wereinourNaturall
State, ifthey who dig now in wafte hils had their harveft-
of their beanes well gathered in, but had needeofwine1
for the ttomacics fake3 or of druggs for healths fake,if the
Vintner or Apbthecary have no neede of beanes, what
ufe will they make of the natural! value of their beanes
•without money ? or if neede were, what would they doe
till thei r beanes be gathered .* money therefore hinders
notpiirmutation and commerce of naturall things, but
afsiftstheai • nay it is therefore an inftniment of inftru-
ments . For he who hath money, may buy things which
he neede not ufe, but /ell ; thereby to get other things
afterwards for his ufe; There ate/no people fo barbarous,
but ha ye money^or a publique irti^fument of permutation;
either in Metalls,or Fifli bones, &c. For ir imports not
fo'much of what matter it is, provided it be durable, not
counterfitable, and difficult to come by.
7. Takeaway this fungible instrument from theferyice
of our necefsities, and how ffiaU v\-e exercife our Chanty,
which is a branch of Religion and J uftice, as well as of
Humanity^ He who goes to Church, paneth as itwere-
through two Temples, the poore at the porch, and the
Temple it felfe, and the giving at the porch is called fa-
crifice, offering, and gift, as w?e!l as that at the Altar.
God would befacrificed to, onelv inoneTowneof
the world, lerufalem : B ut how could that ha ve beene, if
money and money-changers had not beene allowed?
How could they who came from fuch remote places,
have by any other meanes brought their Oxeri; Calves.,
Gcats
(30
Goates, and Doves to the Altar? If there were no
thing further to ftiew, but that one piece, which our S a .
yiour himielfe coind miraculoufly in the mouth of a fifh,
it were Argument fufficient, that the ufeof monymay
be both good, juft> and Neceflary.
CHAP. VU.
Concerning the parties(juft orunjuft) which
by the variety of fuccefle in Civill Warre
command us and our fubfiftence, and re
duce us to thefe extreme neceifities.
Whether for a juftifiable obedience tothemD
it bee neceffaryforustoaffureour felves,
that^hofe parties have a juftifiable caufe of
Warre, or right to command us ?
.. • • • . • • _•
i . Wherefore difficult for us \o affure our consciences in
the points of right.
2. Whether Prefer iption wakf a right >
3. dcaufeofWarre depending on a matter of f&tt) ml a
certaine way of confirming ut that we lawfully obey.
Warre for dominion and for pojjcffiont
TPHeic things being thus (kced concerning ourowne
1 perfbns , the lawfulneflfe, and transcendent right
which we have both by God and nature in our felves
and that which is ours, yea and in cafe of extreme mi-
fery in others th ing salfb, above all thofe lights, privi
leges and obligations which others may pretend upon
us ; I ma y the eafilier defcend now into the bottome of
the qucftion,and fpeak to the maine parties whether J uft
orunjutt, who by tbe variety of iuccefle, may one af
ter another command us and.our eftates, and in botii re
duce us to the forementioned extreme necedity :In Which
condition or confuftofl che queftion is what is lawful!
for, us to doc? I
Irmdcthatmofthercfeekto fatisfic their icruples id
{catching, Firft, Whether thofe parties ha)>e I/to full pototr
over us or no ? That fo finding the titofulnejfe of their right,
they may be eaiilier aflured of the latofulnejfe of their
o^ne obedience. S econdly, In examining the cauff of their
Wanes, whether it be juftifiable or no ? They fuppoftng,
thatifthecaufebebad, allefte&s which have any de-
pendance on it, muft needs be fo too. I conceive that
thefe two considerations ferveonely to adde to the per
plexity of a mans confcience, and are not neceflary at
all for us to be informed of.
Sett, i . As for the point of ^g^it is a thing al wayes .
doubtful^ and would be ever disputable in all King-
domes, if thole Governours who are in poffeflion fhould
freely permit all men to examine their Titles ab origin^
and thofe large pretended rights which they exercifco-
ver the people : And though this parties Title may be as
good or a little better than that parties, yet a man in con-
fcience may ftill doubt, whether he have Limpidum
titulumy a juft title or clcare right, efpecially in thofo
things which areconftitued by fo various and equivocall
a principle as the will of man i?.
Befides,moft Governours on purpoie take away from
us the meanes of dilcovering how they come by their
rights : Inlomuch» that though they may really have
that right to which they pretend, yet through the ig
norance we are in , of what mav bee omitted in their
hiftory, either through feare, flattery , negligence or
ignorance, it is dangerous for us upon probable hu
mane gounds only, to fweare their infallible right, as is
{hewed in the following treatife of Oaths. Upon this
ground TacitM faith well, Tiberij Caijquc & Claudijac
jkeronis res, florentibtts ipfs, ob metum falfa • poftquam
occiderantrecentibuAodwcompofittefunt. And if the par
ties rights be but one as good as a norhers, than hi#fc the
beft who hath poffefsion : which generally is the ftrong-
eft title that Princes have. A whole Kingdom may
be laid wafte, before it can be inf i llibly iiiform'd con
cerning the parties true rights whie,h they require men tc
dye for,& to avow by oath. 2, A^
(33)
2. As for prefcription of long time, every mans con-
fcienceis not fatisHed, That that added to pbflefsjon
makes a true right. This we know, that it conduces
much to publique qukt ; but the Canonilis maintain
j. it againft the Civilians , Thar prefcription upon an unjuji
\, beginning & ex titulp inhabili, doth by its continuance of
J tune,\ increafe and not diminijh the inju/lice avd faultinejfe of
I the Aft : For the lapfe of time cannot change the morali-
i ty of an A & : It is no plea in Divinity to argue the pre
fcription which finne hath on us, as anexcufe : A Lie u al-
, moft a* old as Truth ; but there u no prefcription again/I God
' andTrnth. This concerning the point ofRight.
3. .As for thepoint offa$ on which we would ground
matter of right 3 or a justifiable caufe(T>i%\ that fuch or
fuch things have beenedone, or plotted, or advis'd^
t therefore the other parry may lawfully doe this or that)
; that we know is without end ; and ever is perplext and
difficult to have perfect Intelligence of, efpecially iuch,
[ as a man may iafely venture his own life, or take away
I anothers upon it. Wherefore if we may reufbnably
iJdoubt of the point of Right (which yet is a more cleare
j and uniform thing) then we may be more reafbnably
i perplext in the ftory of Fa6t, which depend s on fo many
[Accidents, 16 various circumftances, both in its princi
ple ( the will,) in its exittence^and in evidence for the in-
i fallible knowledge of it.
From hence therefore I conclude, That we may in
this great cafe cafe our feives of this vaft perplexity in
examining whether or no the invading party have a
juft title, orcaufe, or no? or, whether he have a jufter
! :hen he whom he oppofes ? But here I defire ta be right-
, 'yunderftood; For I afirmethis, not as if the know-
'edge of a!I this were not very convenient, and much
to be defired, but that (as it is almoftimpoflfible for us
' :ohave, io ) it is notnecefTary for us to fearch after ; ex-
V:cpt in one cafe ( which comes not ouc of the hiftoricaU
' xcafion of this difcourfe ) V/^. In a/sifilting to the be*
J ginning of a Warre. Thele Negatives fliew oncly what
' we need not ground our conferences ou. in order to a
D lawfull
(34-)
Jawfull obedience ; but it muftbeapofitiveandaclcai
principle which we muft ground on, if we would be
warranted of a juft fubmifsion to the orders of one wh<
commands us perhaps unjuftly. For it is a matter whicl
concerncs the rnilery of others wrho never did u
wrong.
4. There is a Warre for Dominion,, and a Warn
forPoffefsion. If it be tor Dominion, wemaycontri
bute our Money, Armes and Oathes, to the expelling
perhaps ofan innocent Family : If it be for Poflcfsioi
( which is the worft ) then it is for the fla very of thoi*
fands of Innocent Families: And before either canbe<
compais'd, we may affureour felves, that thousand*
may be as innocently kill'd by the means of them wh<
contribute to the ftrengthning of an unjuft party. But be.
caufe I ftatc this queftion in a Warre already form'd,anc
actually introduced upon the people, therefore in an-
fwertothispofitive demand, I as pofitively lay, Thai
for a justifiable obedience, it u left, and enough for us to
conjider, WbetbeY the invading party babe us and the meanti
ofourfubjiftencein hispojfcjfionorno t
CHAP. VIII.
To affure our conferences of a luftifiable o-
bedience during the confufionsor revolu
tions of Warre, it is beftandenoughfoi
us to confider. Whether the invading fart)
( jnft or nnjuft ) have us er the meanes 0
otirfubfiftence in their fofieffion or no.
i. Princes tbemfelves9 notwitbftanding their faom
Leagues one with another t ground their obligations ot
the tacite condithn of their pvffiffing what thy hoi
when they Jjvore . Foi
(35 )
Cardinal d'OJ/at (Henry
f ranee his great Agent at (ftome) held with the Pope^ up
on this following occafion , as himfelfe relates it in his
letter to the King his Matter.
The Duke of Guife ( as is commonly known ) form'd
tagueor Covenant zgz'mft K. Henry the Third, which
}ft of the Kingdome of F ranee tooke, and it was to
s purpofe ; That the King was fo cold in the Profefli-
ofthe Romifh faith, that it was in danger to be ex-
guifht by the increafe which he permitted of the re-
rmed Religion ; efpecially ieing Henry the Fourth
len King ofNaVarre ) was of thatReligion, and was
fucceedtotheCrowne: Wherefore by themediati-
of Pbilip the ieccmd ofSpaine, the Pope qualifi'd
e Duke of Guife , Head of that Catboligue League and
hich in point of Government was to fet him above the
ng) avowdhim trope&our of the CatboHque Faith in the
ngdome of France. When Henry the Fourth fucceeded
the Crowne, then this League for fecurity of Religi-
was moft violent ; and the Spaniard \v ithout, hop d,
nourifhint5 thus the diyiiion within , to carry all for
mfeffe at laft. To avoi d which gin, and to anf\\ er
, the King chang'd his Religion, and negotiated by
)/fat to be received by the Pope as a dutifull Sonne of
e Church of Rome , demanding A bfb'ution for what
as part, and makin g large promifes of due obedience
r the time to come. The King of Seine's intereft was,
at he fhould not be received, and thereupon he inciea-
uredtoperfwadethe Pope, That Heny did but di£
nble with him/and that under this diiguife hee v\ buid
ilieft mine the Romifh Religion. Notwithflanding
this. fl'Oy/itfobteined his Reception, Abiblution ana
nedidtion, through -the many protections, promi-,
and prefents which he made to his Hoi inefle. Where
on the Spaniards dehgnss were in a moment all blown
cr from France, but fell heavilier upon the united
evinces ; which "were fo fbr-ely preft, that they appre-
2 hend-
(37)
| cially knowing at the fame time that they were Rebels,
and could pretend no right nor title feparate from his
Crowne : fifor Princes (quoth he ) "to ben EmbaJJador}
<f are addrejl to them, ne^er informe thewfefoes of the rights
ec and titles of thofe, Princes from "tobom they are fent : But
>( Whether they babe poffeffion oftheforceandpo^'er'ofthofe
'''places, from thence the Embajfadors are imployed. for
;< it ^ould be an endlelje taske, and require an infallible true
'c Hi/lory of the Vsorld (Itohich u not to be made by man) if all
cthe Embafladors , before their receptions, Jhould be ob-
' lig'd fir ft to prol>e clearely to the "frorld the j'uft right by
' tyhicb their Ma/hrs derive thofe Titles and jurifdittions
c V>hich they a/fume to themfehes. This reply as it let led
he Popes minde; fothe reafbn of it may well fettle ours;
\nd in the tfrft place it may not beamiffetoieewhac
he opinion of Princes themlelves miy be concerning ir.
i . It is evident that molt Contracts and C athes made
>etwixt Politicall, or publique perions, TC made in
his Pcliticall lence, >/'^. with a tacit condition ofhold-
ng their porTellions. And therefore the wrorld wonders,
lot that the King of England having fworne a league
vith the King of Spa inc. exprefly alfo as he was King of
5ortugall,did notwithftaning fince receive two Embaf^.
adors from this new King of Portugall;-& that without
>eing judged either in England or Spain to have broken?
lis-fbrmerOath & league. But not to ground too much
>n matter of Fa6l, Gro-tius in his Treatie de legatis> judges
he point of right ' Where after he had fhewn how they
\ /vho are partly Subjects, and partly not^ have a right of
\ imbafTy for that part by which they are not fubje<5ls, he
ilefccnds to thofc places which are divided by Civill
jvarre; in which as k is naturall for each party to pre-
jsrve it felfe by all meanes it can., fb ufuallv correipon-
ence abroad by Embadie is one meanes which is noto-
nitted : and the rule \vhicji States have for this cafe is,
fiOLtinregnodfoifot gens una protempore quafi dvte gentes
abentur. The ground and tacite condition wherefore fe-
erall States contra (51 one with the other, is (according
> that Author) the confederation of the(j>0T&w tticb
cask
each l(ingdome lath to Afford benefit one to tie other : fb that
the contract is rather with the places, then widi the per-
jions. Hence the fame Author faith, ^eges quiregnis ex-
titifimt, cum aim rezni bonu ettim JIM legandi perdiderunt.
As this may found harflbly, fo it ought to have good
reafbn and authority to countenance it. It is not enough
to object, .That fuch tacite conditions are not proper
to> nor confident with the nature of Oathes ( which af
terwards is refuted ) For they who confider thole admi
rable Chapters of the i8th. of leremie. ^.7, 8,9,10,
fef ^.33.^.13, 14. will find the fame in Gods decla
red will though pofitively expreft, which is argumerijt
enough for us, as is largelier .proved heareafter: T>vd.
p.2.\.3,Sett.2.
Thus we fee by what ground of right or defe6tin
pofledion Princes difavow one another, though they
be mutually oblis'd by folemne oaths , which is the
grcateft tyethat Princes or juft Governours can have
upon their fub je6ls. Now I conceive I may apt/y fpeak
to fubjecls obeying an ufurping power, after an obliga?
lion of Allegiance to another P(
The
(39)
The fecond Pare.
Wherein is examined :
WHETHER,
. A man may lawfully pay dutyes or Tax
es to an unjuft Party ? C*\> ' -
. Or whether he may lawfully ferve fuch
a Party perfonally ? f a/' 1 •
I 3. Or whether he may lawfully fwearfi-
delitie to fuch a Party during the War >
. Or whether he may lawfully fwear aft.
nail Allegiance and fubjeftion to fuch a
Party after the Warre? Ca>t<*-
CHAP. I.
Whether a man may lawfully and with a good
confcience pay Taxes to an unjuft Party
during the Warre ?
i . What was meant by paying 'tribute to Ctfar.
. In what cafe a man at the beginning of a Warre may
contribute to it, tbougb be finds not its caufe good.
. f be manner of a Lev ie.
.. We cannot troferly fcrufle at tbat wfr/cfr M out ef our
D 4 5'^f
(40)
5. Of the condition oftbefe who live upon frontiers.
6, What liberty have •&?} when the right Goverr.our de
clares, that be -will not have us pay any thing to the in
vading part) ••> Likfwife.) whether any Law but that
which derives immediately frim G&d dot!) indifyenct-
ably oblige the confcienct ?
J N the firft part,the ground for all the particular quefti -
•*ons in this, is laid and treated Generally ; buthere
we come to clofer and more particular proofes : and firft,
of Tribute and Taxes.
There are many who not find ing this liberty in their
conferences 3 unneceffarily choofe rather to give their
bodycs up to reftraint, and to, abandon their whole
meanes of lubfi ftence in th is world, both for themfcl ves
and their children,, which oughr not fondly to be done,
unlefle we would be worle then Infidels as Saint Paul
faith.
Obj. They ob;"e£, that they know not whether the
monies they give , may not furnifh to the deiiru&ipn
of many Innocents , and perhaps of the juft Magiftratc
himfelfe ; That though a man may give away his owne
ashepleafes, yet not in this cafe, when it is to the pre
judice ofanother, &c.
They who thus icruplearein confcience obli^'d thuj
tofuflera becaufe they have not faith to doe other wile:
But the queftion now to be examined, is, Whether the ft
le necejjary fertiples.in ifiemfefoes, and fucb as admit ofn,
exception or liberty * Perhaps upon examination we tna-j
finde tbcfefc ruples to be like fcandals , whereof ibme ar<
rather taken then given : And therefore ro ftate th
queftion aright, I {hall paraphrafe a little upon anothe
queftion which was propounded to our Saviour; I
may pofsibly appeareto be the fame with this,, diougl
propounded with more fubtiltie and malice.
The Scribes and Pharifes fought two wayes to en
trap our Saviour; One was, as if hee had blafphe-
jnoufly taught a new Religion, and a new God ( l>i%
felfe) They hop't the people would beproyoktt<
(41 )
him for this, according to the 13 offtettt. The
other was to bring his actions into the compafleof Trea-
ion, as if hee could not lead great multitudes after him
without traiterous defignes ; but this gin faill'd too, be-
:aufe the multitude which follow 'd him was alwaycs
ready to defend him : However,, when he was at Ie-
rufalem, where the Roman Troopes and Prsetor were.
:hey thought they had him fure5by propounding this fub-
;i!ty to him.
Sett. I. Is it loft fnll for us to pay tribute to Cefar?
* which was as much as to fay ; Wee who are defended
:i from Abraham, and are the peculiar people, to whom
"God hath given the large privileges of the earth, at
S( home to bathe our felves in Rivers of milke and ho-
tcny, to have full barns and many children; yea that
<c God himlelfe will be ador'd in no other place of the
" world, but at this our Jerusalem; and that abroad we
"fhou Id triumph over the barbarous and uncircumci-
'c fed World., by vertue of that Militia which he never
''order'dforanybutour lelves; How are we then in
fcduty orconfciencetofubmit now to the Ordinances
" of the uncircumcifed Roman ? Or what right can hee
"have to exerciiefupi erne Jurifdiclion over us the pri-
"vileg'dfeed of Abraham } by levying Taxes on our
"Eftatesand Land, which God himlelfe laid out for
*eus? by which meanes hee holds this very Temple in
"flavery, andiniultsoverourConfciencesand Reliei-
"on, by defylin^ our very Sacrifices with the mixture
f Ct of impure blond; which as they are the price of our
i ft foules, and a tribute farre above Ceefars ( payable in no
: " other place but this Temple which Cod himfelf built )
: '* io our bloud ought not toieemetoo deare to bee facri-
; f<ficedforthe liberty of theie Altars. And thougjj the
b*c Roman State could pretend right, yet what can this
c* Ctffar pretend ? £ very1 mans confcience knows that
K *' it was but the other day hee ufurp't over the Senate, in
•" which refides the true Jurifdiftion of 5(pme : And if
j,. * c that w ere otherwife, yet how can hee pretend to a ti-
v f; tie, unlelTe poylbn be a Pedegree, or violent ufurpa-
uo
" tion a juft ele&ion; by which hee who is but th
*' greateft thcefe in the world, would paffe now for th<
' ( moft Soveraign and Legiflative Prince * Hoto tb&
*f are "toe in conference obligd to pay Tribute to this Ctefar }
Though thefe Lawyers thought in their conferences, thai
they were not truly oblig'd to pay it, and that our Savi
our likewise as a Jew thought Co too, yet they fuppos'c
hee durft not fay io much in the crowd, nor yet deny it
by {hifting it off in filcnce , left the Roman Officers
fhould apprehend him. But when our Saviour fhew'c
them Cafars face upon the Coine, and bad them rendcj
to Ceefar that which was Cxfars, and to God that whid
\vasGods, h is anfwer ran quite otherwile : Not a;
fbme would have it, that by a fubtilty hee aniwcred no-
thing to the point propoied : for then the fenfe of th<
whole text would found very ill in fuch tcarmes, ^
That if there be any thing due to Cxfar, pay him it ; anc
if any thing be due from you to God, then pay it like
wile. This had been a weakning of Gods right for C<e-
fars, and to have left a defperate doubting in a neceffarj
Truth. TisbeyondallCavill, that our Savioursopinioi
^'aspofitive for paying of Tribute to that very Ctffar
becaufe defafto he did pay it ; And the plaine reafbn o:
it apf cares evidently in this his anfwer : C<e[ars face wa;
upon the Coine; that is to fay, C<efarby c&nqueft "tots h
fojjefsion of that Coine, bypo/Je/~singtbef!ace'toberc bee ob-
fig '/i tbem td tafy it ; coining of Money being one Prero
gative of Soveraigne power.
And now to anfwer more particularly to the forc-
rneationed objections at the beginning of the Chap
ter.
A. Inthefirft place I diftinguifh betwixt Perfem
trinferrebellumi Theoneis^;>f and properly at tfK
beginning of a Warre, and in a place where yet no Wai
is, and where its caufe only and not its effects can be<|
confiderVI : In this cafe every thing ought to be verjj
clear for warrant of a mans conference, becaufe of the ca-S
lamities which he helps- to introduce, and is in ibmcjj
manner Author of.The other is Pafsfte, and there wherd
(40
War or the power of War is a&ually formed, which is
tfac cafe of this difcoutfe.
Secondly I diftinguifh betwixt that which cannot be
iad, nor the value of it, unlefle I actually give it ; and
hat whj'ch may be taken whether I contribute it or no :
.n the force of this fecond diftin&ion lies the reafbn
therefore I have fb much examined the nature ofPof-
efsion in the former part. To apply all this to the Ob-
e&ions, I lay., That if a man fcruple, he may not inferre
>ellim by any acl: which may be properly his owne; I
~ay, properly bis cfone.
fSett. 2. BecaufethoughWarrebee not yet actually
brm d in a place, yet a fcrupling confcience which likes
lot the cauie may be excus'd in contributing to it in this
>ne cafe, W^. If fome number of men able to take what
hey aske, aemand ( with an armed power ) the pay-
pent ofa certaine fum to be imploy'd in War, then in
iichacafe, the man of whom wee Ipeak may pay it,
isaranfomeforhislife; or give it as a man doth his
Hirfewhenheis furpriz'd in the high-way; The rea-
bnis, Becaufetothismanitis as much as if the whole
Countrey were pofTeft by an armed power.
Sett. 3. The manner of the levie is here Principally
p be conhdered. For if the perfon taxed be not for the
ime in thefullpojfefsion of him whofe caufe hee fcruples
it, and that he have not a probable feare of extreme dan
ger, nor zsprobable affurance that without his helpe, the
hing demanded nor its Value can be taken from him,then
tee's little excufe remaines for the A&, becaufe the faid
A.61 ( which his confcience diflikes ) participates more of
Atiion then cfPafsion.
Butinthecafeofthisdifcourfe, where a man K fitllf
bofse/l by an un juft invading power (from whom whole
Countries cannot pofsiblyflie, nor make away all their
[aoods and Eftates, ) there I fa y a mans paying of Taxes
* no gift, which if proy'd takes away the mafter-fcni-
. Let us Judge of this by that cafe which we all grant;
If a man fall into the hands of many defperate theeves
who affauJt hirn. for his Money ; though with his owne
feand
(44)
handheputhispurfcintotheirhands, yet theLawcal
not that a gift, nor excufcs the thcefe from taking it,bu
all contrary.
Sett. 4. By this it's apparent what a grouadkfle fcru
pie it is for a man thus taxt, to fay, He fyofts not to V>ba
elfill they may imfloy the money fo put into their defperat
bands: For this fuppofes a gift, and a mans proper vo
luiitary A& ; of which indeed he is alwayes to be icru
puious , becaufe it proceeds from that Principle whicl
is totally in his owne power : whereas other mens a&i
ons are as farre out of our power as Kinds andtempefl
are; to which two as we contribute nothing, ibwe
cannot properly be fcrupulous in our cdnfciences con
cerning their bad effecis.
For further proofe I might aptly refleft on thof>
arguments which were difcuft at the beginning of th<
iirft part , concerning the tranfcendent right which we<
naturally have in the prefervation of our felves , and o;
thoie things without which we 'cannot be preferved : A:
alfb on the hi^h privilege of extreme neceffity, natur<
it (elf being more intent to the preiervation of particular
then of pub'ike body es., which are made out of parti
culars, and as much as may be for the particular end;
and preiervation of each lingular: no man obliging
himfclfeto any particular fociety or this or that Coun-
trey, without the consideration of (elfe-prefervatioBi
according to the right of the more generall fociety oi
mankind • Vul. fFar. i.c.i Sett. 3 .
Sett. 5. Thus much concerning thofe who are full\
poffeft by the unjuft invading' power: Now I fhaU
ipeaketo the condition of thofe who live upon frontiers;
\vho/e condition is more ticklifh and deplorable, bc-
cauie they are not fully pofleft nor taken into the line oi
cither party. Thefe live as it were in the Suburbs of a
Kingdome, and en/oy not the fecurity or privileges
of others. Though they can owe true Allegiance but to
one party, yet they may liwfully contribute to both:
For though they he but partly poiTeft by one and by the
other, in re/peel ©f their iuddain abandoning thcai, yet
(45)
| oth parties bate tfapotoer ofdeftroying them "»>£0//)i.Wher->
jjpre thole former reafons which juitifie thqfe fully pof- '
,eft, do alio acquit the payments of thele* for their
iondiaonhere is more calamitous, ieing they are really
tit Tenants at will, expos'd to a perpetuallAllarme,
nd that both party es wound one the other only through
ieir fides . ,
6. The laft 'confideration in this Scruple, is of the
nils ofthem^hom we acknowledge our latofull Goter-
9urs, viz.
Obj. When they declare to us that they will notper-
iiitto us to pay any thing to their Enemies.
^TothisIanfwer, That the declared wills of
jovernours cannot make all thofeour a6ls finncs, when
vc obey that power which againft our wills Cas much
.sagaiad theirs., and ic may be with more of our mi-
) hath devafted them of the power of their rights,
deprived us of the comfort of their Govern-
ents.
^ueft.I would not here willingly difpute whether any
aw but that1^^ derives immediately from Goddothin-
iifpenfably oblige the conference ? For there is but one
-awgiver who can fave and deftroy the Soule tor the
jbfervatiotv or violation of Lawes, and this is God ;
ho therefore hath the ible power of obliging co nici-
s to Laws as the Lord of them, through his area-
governing, and moving them. Eft. 33. 22. lames
,12. There is one Latogtittr "tobo is able to fate and deftroy:
>bo art tboii that judge ft another ? Princes cannot by their
ommands change the nature of humane condition,
" ich is liibjecT: naturally to thofe forementioned chan-
This were to pretend to a power of obliging us to
. .11 impofsibilities, and repugnances in the'reaibn
of government. And though thole political! commands
were as Lawes, yet they ought not to be mad e, nor to
be obliging, but according to the Legiflacive rul-e, which
is cumfenfu human* imbeciHitatit. This is that which u-
fiially is called htprefiwtilie'&illQfa, Govcrnour,, or the
Kiindc
minde of a law : For in extreme necessity itistobc]
preiurrid, that both their wills teccde from the rigou
of what they have declared, rather then by holding t
that i which is their fuppoied right, introduce certain
mifery and confufion, without receiving any benefi
thereby themfelves. Neither are fucb command stbithoy
there fenfe and profit though they bee not pofitfoely obey 4
For thereby Governours fhcw to all the wrorld, tha
they renounce no part of their right, no though it b
there where they cannot exercife any part of their juf
power : Secondly, they may thereby help to retard thei
fubje&s from being foiward in giving admittance t<
their Enemies, or in being actively afsifting to them
but rather to themfe! ves ; befides which fenfe there car
be no fenfe. For if they meare by thofe commands
That they would not have their Enemies ftrengthned o
advantaged by them, and withall,meane that they woulc
not that'their fubjecls fhould fubmit themfelves at al
to thofe uiurpers, though it were then when they and al
their fubfiftence are abibfutely pofleit by them ; I fa>
then that theie are commands which dafh againfi them-
felves, and the one countermands the other. For ii
they refufe to fubmit in fuch a cafe, then they doe tha:
which advantages their Enemies : Becaufe at that time
.they will take all, whereas in cafe of fubmifsipn they
as ke bur a parr. In all wars there arealwayesfomeby
whofe difafredions Enemies gain more, then by their
compliance ; juft as Phyficians do by diftempers.Thoueh
by after variety of facceflcs the juft Governours (hould
recover that pi .ice which fb fubmitted to the power of
their Enemies . and for that reaion fliould punifh thofe
who were ployable to extreme necefsity ; Yet it follows
not upon that, That they ^whofb conformed, finned,
or did that which was abfo!utcly unlawful!. For wre
know reafon of State oft cals for facrifTces _, where there
is no fault to expiate : Oftrocifme and Jealoufie make
awaythofewhoareknownetodefervemoft : In repub-
lica idem eft nimium & nihil merer i : But in right ( which
is the terme of this queflion ) the jutt Governour ought
to
(47)
fcrignall fault of all might polsibly be on his part ; God
^(ometimes punifhing the people for the Prince, and
Sometimes the Prince for the people. But of this more
Jfhall be faid in the following Treatifes of New- Allegi-
Unce, and of oppofite Oaths.
CHAP. II.
[Whether we may lawfully fenre an unjuft
Party in our Perfons or no >
rHeanfwerto this queftion is very prelent, and Ne
gative : For here a&ion is required to an end which
xir coniciences allow not» Our eftates are feparate from
is, and therefore maybe had without us., or without
)ur wils : But our perfbnsareourfelves, and cannot
>e had nor a& without us, and therefore a man hath
lot the fame liberty in the one as in the other.
But yet there are two cafes wherein a man ma^rlaw-
iilly ferve an unjuft party in his perfon.
Firft, when it is in order to a j uft and neceflary a6li-
)n, which conccrnes not the oppofing of the jurf party
itall, but oneiy our owne neceiTary prcfervation : in
tfhich cafe v/e conftder the unjuft Governour abftrac-
lively^notasaGovernour, but as a man. Suppose the
^fe were fuch, that if the lawfull Governour himfelfe
were with us , he would probably command us the
ame thing : and though perhaps he would not com
mand it, yet we might lawfully put our felves into that
iclion againft his will ; as i-~ the Turke , or any other
xxnmon et?emy fhould invadethofe Provinces , which
:he unjuft Party hath diverted the juft of: For fuch an
ineniy would deprive one as well as the other; Where
fore betwixt two unjull Parties, it's better to follow
him
(48)
himwhoisinpofleffion, efpecially if his Governmer
be probably better for the ibciety and Religion of man
kinde: and as for the juft Government he muft confi
der that fiich a&ions are not fb much contra zsprdterfua?
Veluntatem.
The fecon,d cafe relates in ibme manner to the appo
ftngofourLawfullMagiftrate, but not by a direct in
tendon. For example, when wee lee much cruelty exer
cifedupon the continuance of a warre and probable ruir.
of thofe Places where the Armies feeke one another; the
if the faid Armies fall into our quarters 9 and we be fum
mondtoaffifttheunlawfull Party, we may then arm
ourfelves, not for him, but for our felves, not in an
regard of the cauie of the warre, but of its effects; whit
are fteflmction of life, or of Itielybood. In this cafe Na
ture helps us to put on our armes, and fhews us the wa
to the place where we may redeeme our lives, and fine
a remedy, though it be in our very dileafe.
01?. But is not this to doe evill to advance our own
good, to cut the throats of tho/e whole innocency ou
owne con/deuces a bfblves? Can our extravagant fear
warrant us to takeaway other mens reall rights? Cat
labetpotim $ua exeat* Sen. brave men would rather die
How then can any of this be la wfiill ?
Anf. Hcrelconfetfelyestheknotofthe fcruple; bu
y€C by the third Treatiie of the Leftofulneffe offomc Warn
Clap ,2. It is clearly evinc'd, HoV> Innocents may be in
ntcently fyll'd, and this objcdion ^oes no further, na
not ibfarre as that which is there cleared; For childrei
and babes could never threaten us with the fad effects o
watre, yet wre fee how they may be innocently deftroy
ed bv the courie of warre. For Mature commends me t(
rnvfelfeformyowne protection, and prefer vation., anc
that, not as if I had not that right of defending my ielfe
mi lefTe they were firft faulty who threaten me the dan
ger. For though thev fight bona fide on their fide, and ig'
norantly take me to be another kinde of per/on then I re
ally am juft as men pailionatcly diftra6led ( & in dream
life to do ) yet I am not for this reaioji necclTarily oblig'c
(So)
againe, wherefore we are oblig'd to a perpctuall guard
of it: if not for our owne fakes, yet at leaft for theirs
\vhofe life ic may be as vv ell as ours.
CHAP. III.
Whether we may lawfully take new Oaths
for theintereftofthe unjuft Party, efpe-
cially after former Oaths of Allegiance to
an other Party >
$ i. What an Oath is.
2. Tta matte r of tbs Oaths hers mentioned is the fame
with that of a T romife. Of ^jfertory and Pnmiflory
' Oaths. All Control and Oathes, though in absolute
termer bavefome tacite conditions adhering to then^
amlfo are mutable. Whether ail Ouhs be now unlaw-
fult 7 *fm cafes concerningthe qualities of the ferfons
giving oaths.
3. fbs cafes wbe rein ihe mat ter of a promife and of our
forts of Oaths dee agree.
4. Jn matters sf Venue and Piety.
6. In transferring a rigbc on bim who will receive it :
Whence difyenfations wife.
j* In things whereof we have infallible certainty .
S. Concerning a mans fwear ing that fucb or fucb opini
ons are true.
9. Of Oaths made toPyratsandfyrants.
JNthefirfl-queftion the invading party demands our
goods, in the fecond our bodies* and in this our very
foales, lo farre as a mm can make an other fore of them.
But as they are prcqiowCer then the other two puc
together,
together , fo we ought to be more advifed in the laying
of them out: Furor c/lpoftowniaperdere nduluin, and to"
crrc in this is to erre in all. And ieeing we here contract:
with God himlelfe ( who i-s alwayes the Jufteft Party )
and doe lokmnly invoke fciisjuitice and vengeance up
on the breakers of fb high a Contrail, we ought there-
• fore to invoke his Grace more earneftly, that by die
direction of his holy Spirit, we may not precipitate our
lelves, either through feare, faithlemefle, or avarice, in-
, , to the forfeit of fuch a religious A61 : left whiles we run
"f to lave our momentary goods, our immortall foulcs fall
from ii$ into Hell-fire : but rather thatweefteemeitno
loflc with Elias to drop a Mantle in the way to Hea yen,
or for a (cratch to get a Crowne :
• Atq; ideo intrepidi qwecunq-, altma tangunt. Juv*
Though in this particular cafe our condition be rendred
moft miserable by the extravagancies of ambitious af-
pirers to Government, yet we fee nothing newpra6Ks'd
in it : For all this naturally forts with the depraved con
dition of mankinde. And though we can finde little to
juttifie the Udirpers actions , yet we may finde reaion
enough, why after his engagement he fhouldadviie of
all meanes for fecnrina; himfelfe both at home anda-i
broad in the field : of which meanes this of obliging
by Oath is a prmcipall one. Through this jealouliethe
Roman Lawes permitted not a man to be a Citizen of
i Rome, and of another Provincial! City together ; fo£
in. time of warre and div ifion iuch a perfon would be o-
\ pen to iccrct attempts and pradices. The Chimifefay
thofe mettals (bonei^ diilbl vc, in which the elements are
: moft unecjua 1 1 v fi xt • Et inter fymbolafacilM eft tranftu* :
io lurely muft tho(e men be moft volatile, who have
not fomething faftened on them to render their indirfe-
rencies more determinate. I he extremity of thispre-
lent cafe , a s of the reft is, That b s a man ma y fuccelsi ve-
ly be under oppofite parties, and fb for oppofite ends be
taxt in his goods, and iummon'd to ierve in perfon, e-
ven fb he may be commanded to iweare oppofitely to
what he f\vore before, B uc before I ipea ke to this diffii
E 2 culty,
(50
culty> and the cafes depending on it; I (hall let dowiie
what I conceive of thcnature of an Oath in generall.
Sett. i. An Oath is a Religious at:eftation of God when
we aflert or Promife that which is lawfull and in our
Power, and is then at its height when we put our felves
under Gods fevere wrath, if we deale fraudulently.
Someadde this to the reft That it mufl be of that which
cannot be cleared otherwife, Exod. 22. 10. 2 Cor. i. 23.
2. That which diftmguifheth it in futures from
a Promi/e.,. is the attestation of God, and the imprecation
which we make on our fouls if* we be not faithfull, Heb.
6.16. God is here in the contract onely utteftu ; but
with this particular prerogative, thathe is the only uni-
verfall true witnefle, who by right of government, hath
alfo aright of puniihingalwayes, and every where. .
In aVcfw there cannot be leffe then two, and they
are enough, becauie God is both iiifficient witneffe and
party* In other dittratts or contracts wethinkicbeftto
have at leaft three, the party contracting i hee with
whom it is contra 6ted, and a whneiTc ; and all ordina
rily under a Icgail penalty. In "the contracts which wee
make by oath one with another, God /lands as the
\vitnefle, and is to require the forfeit by our owne
conients.
All Oaths are beft divided In tf/fertoria & Promijjoria
C Of AiTertory 7 For in order to the time prefent, -pa/I, or
^ and Promif- > future, we religioufly a/Tcrt or promiie
<J fory oaths- j ibinething to Be, or not to be ; to have
been, or not to have been; that it fhall bee, orfhaU
not bee. The Averting oath is of iomething paft , or
prelcnt; the Promi/ing is of (bmething to be done or
omitted in the future. 1 ruth ought to be in both,, but
with this difference, that in the former it is but Jingle,
becaufe it-relates ©nely to the timeprefent, and to the
Acl of fwearing : In the latter it is double ; Fir/I, in re
gard of the time pre/ent, or the act of fwearing, 0>^.
That then the ftoearers minde and "foords go congruously toge
ther, w ith a true intention to obferve what he then pro-
itniies : And becaufe upon the very a6t of iwearing hee
hath
(53 )
hath, 'either fworne true or falfe in order to his intenti
ons, therefore in that part there lies an indi/penftble
obligation on him: The latter truth relates to the eff eft
and the time to come, that is., That the fvvearer will have
his atfions go along "frith bis "toords, and that he will make
them good. But becaufe the matter of this oath ( which
is a thing to be fulfill'd in the future ) is naturally ( and
whether the iwearer will or no) obnoxious to change
and uncertainty , therefore the obligation which tou-
jcheth this matter, and which theCAll pofrivecon >
fwearer bousd himfelfe afterward to\ fa&s of futures >
fulfill, is mutable and fcparablf from C why mutable. S
his oath. Ic was in his own power to make the firft truth
pood, which was, that his mind fhould bebona fide
like his words ; but unlefle he were a controuler of na
ture, he may faile of making good the fecond 3 which
was, that his deeds fhould be like his words. Heeis
Ibrfwornc who intends not whatheeby oath promifes,
;>ut he is not alwayes fb who effects not what he io pro-
miles. The right apprehending of this Diftinciion will
much facilitate die difficulties of the following cafes.
Becaufe an oath is a tie to the greatest of Con-
traits, therefore there are three things eipecially prse-
requifite to it. i. ludgemefit, left we be irreparably in-
iiai'd, zslofua and the Ifeaelites were in {wear ing with
the Gibeonits. 2.Trutb3 left God be invoked to a lie.
3 . Equity, left we make God a countcnancer of wicked-
neffe, and of things unlawful! ; as Saul would have
done in his. fentencc given aj&mftlenatban, when with
he tip of his rod he had tafted hony ; and <Dal>id when
he fwore haftily to lay Nabdls houfe wafie. Of thcle
three conditions every man is oblig'd to the two latter,
before be fraeres them, but not fo f©- We?re ob]l^
emnly as afterwards ; The firft may ( to lhc marrer5of
be m things properly incur owne yome Oarhs be (
right of diipofing as wepleafe,beforexfore we fweare,.
we fwea re, but that obligation or Pro- jand of othersf
cnife cofnming, we have afterwards /not till wee
liberty in them at all : In this there
(«*)
ts no obligation till'toeftoeare, and when we have done fo,
tiicn we are bound at all hazards to ou r iel ves y to make
the Oath good, butnotalwayes the other, when we
fweare contrary to our antecedent obligation in the
matter of the Oath. Quiapriorobiigatiofrtejudicat poffe-
riori, and obliges onely to repentance fbrourraihncfle
ignorance.
Obj. But againft all Oathes in general! it may beob-
, . \ 1 je&ed, Mat. 5.33, &c. -In Mofes his
l.evit. ip. 12. jLaw it was fufficient that they were
not forfworne; but Chrift faith, we may not fweare
(Some Oaths law-"> at all ; that our communication muft
< full under the /be yeayca, and no no; Two arlir-
^Gofpel'. 3 mations^ and two Negations ought
now toiatisfieaswellasan Affirmative or a Negative.
Oaih. ^
Anf. But we anfwcr, that Mofes permitted voluntary
or unneceflary Oath^s, and thefe onely were by Chri/t
absolutely forbid ; For if otherwiie , dien we IhoulA
not have had fb many of Saint 'Pauls Cadis recorded
by the Holy-GhoR ; as ^om. i. 9. and 9.2. 2 Cor. i.
23. and ii. 31. In all which places Sairt Paul ufed
religious afTeverations and atteftations of God for
amplifying his glory, and therefore when it may
reach that end, we may flili fweare as warrantably as
he did.
( The cafes of ") The difficulties of all aflertory Oathsr
)aPeir(ry Care not very implicate, bt'caule their
y O-rhcs net C whole truths are'immediatcly fulfil I'd in
Cdifhculc. Jthe adf ofiwe^ring, as being of things
paff or prcfent. In/I. li. 4 tit. i6.Sett. 6. Conditions qua
'adprtffens l>el pnetfriitan tcmpm refemnt:ir , aut /iatim in-
firmant obligationem, aut omnino r,on dijfemnt^ indeque
olligatio non estw fendenti : ^w^ mint per remm natwam
ftrtf certa, non. morantur cb!igatmicm3 licet' itpud nos in-
wuflnt. Tliofe conditions which relate to the time
paft or prefent," either inftantly take away all obligati
on^ orelic differ it not a Moment; So thnt the obli
gation which rifeth from thence, is notuncenaineor
fSS)
fulpcnded. For example, If Titm hath been In Spainc,
or if Semproniu* be now alive, I will give you loo. li.
This is immediately fulfil'd ^ became: it is concerning the
time paftandpi efent, which are both really fulfil'd, tho
not vet fully knbwn to the Promifer.
The adts of Governours relate moft to the eftablifh-
ment of the time prelent and future : wherefore the na
ture of Promiflbry Oaths will here rThe irattercf
molt concerne us. In clearing where- V our Oaths, and
; ofitismortncceiTarvto confer, that Jof a promife(
•the matter and conditions of a Pro- yhe fame, andj
mile are the fame with thofe of this/rhe obligation
fort of Oath , and f which few have^ is the fame,
obierved ) their obligation is all one^ and diftcrre but in
the forme of Penalty.
Upqnt^ is ground we may iafelyfay, That the bare
promifein an Oath oblig'd as ftridly before he /wore,
as after he iwore- and the reaion is plaine; becauiea
man is oblitfd onely by that which is of Pad. The
punifhment expreft in the Oath, relates oneiy to the
Penalty : for which reafon fuchaPromiiforyoathiig-
fTes no more then fuch aPcnalty upon fuch a promiie; but
a Penalty alwayes relates to that onlv which is unlawful,
andfollowes the Violation, deftru6Hon or neeation of a
Pa6l, and not its making or being* Tho it Pe never fb
ievere, yet it confers nothing to the flrffy'/w or Pac\ but
onely to my future feare left I do injuftice.
All therefore to be inquired after in thefe Promiflbry
or State Oaths is^ what the Nature of the things them-
felvcs are to which they are affixt, our obligations ftand-
ing or failing with them.
^ Their matter and conditions therefore are of three
forts:
Firft Neceffary ; When the efTed hath an infallible
cauie- as I promife Titm loo. if the Sunne rile to
morrow.
Secondly, Tmpofsible, either in Nature, as I promise
100, if he touch the skie \vithhisfinger; orim-
E 4 fofsrth
(SO
pofsible in equity ; as I promife Titius 100. if he murthcr S
Sempronius : This being repugnant to honefty and piety,,
obliges not no more then the other, and the third pr^e-
requifite to all Oathes, excepts againft it.
Thirdly, Pofsible^m things which may happen or
n.ot happen, becaufe depending (imply on our owne or
others wils, or mixtly of both, or elie of that which to us
is chance or fortune, which cannot be determ in d by our
wilSjNrfw omnis flatus bumdnus ex in/idiis fortune dtptndet,
(2?" in perpetno motu confstit, 1. 2. Sett, fedquia. C. de y>ctt
jur.enucl. The (rate or man k hide depends totally on, and
fulfills in the midfr of the ambuihes and treacheries of
fortune, and is in perpetual! motion and change. This
third branch is that which affords moft matter for per-
P exing Oaths and Promifes^becaufe if relares not to one
uniforme principle, nor to iuch things as depend on our
felves, This makes iomefay nopromifTory Cathcan be
{Ob. 7 lawfulljbecauic oathes mult be certaine and true,
An. /but allf uture effe&s of things are uncertaine*
To this I anfwer that it is- certaine that my mincle and
words go truly together when I fo iweare, as Abraltms
£er vant d id when he f wore to ta ke a w ife for Ifaac^ a fu
ture very uncertaine, A man might as well lay promifes
are unlawful! becauie of future uncertainties the obliga
tion oFa promife and of a promuTory Oath being 'the
fame. It is iufficient therefore that we fwcare thines not
neceflary but poflibje. Wherefore it is to be carefully ob-
ferv'd, That as there arc no contra As, andconfcquent-
ly no Oatl)s fo conditional! in their beginnings, but
C Why pofitivepro- ) they are iuppos'd to end politive
-? miifory Oaths mu- >andabfolute ones; eyen fo there
itable- ) are none fopofitive and abioluce in
their beginnings, but are inpposd to have iome tacite
conditions adhering to them. Inpuraobligatione dies ta-
fitusfoe LegalisfubintelHgittir. 1. inter dum j$ . I. continuus
137. Sett, cum ita. I. eum qui cA\en. 4. Sett, quotiens f. de
Ver.obli: All our engagements and actions lye open to
die controlement and exceptions which may be made by
, eguitj, the right of 4 third fe if on, the ptrwifsion of
God,
God, and the I ike, For example, King Solomon forgave
^^//^^hisufurpin^theCrownefrorri him, on condi
tion that wickednefle fhouldnot be afterwards found in
him: after this $4thfl?tba came to petition j iKing.")
Solomon in his behalfe, and he />0/#ilW)> pro- 1 1-52. j
mis d her that he would not fay her nay : fLe upon this
demands Adonijab might marry Abifhagf i Reg. 2.*)
one of K . <j)avids concu bines : Solomon in- L * o . 2 1 . -2 2 J
ftead of making good his abfblute promife, (wore A/«-
wj/d&fhoulddye. Although there was an evident con -
tradition betwixt the termcs of Solomons Promife and
his Oath, yet he broke not his Promife; becaufe in his
pojitiw grant there was included a tac ite condition, 'tokifb
ought to be as Valuable as any thing exprejl, l>i%, that 4do-
nijab fhovAd attempt nothing unlawfull according to his
former pardon; But it was treafbnfor any man to ar-
tempt the Concubines ofthe deceafed King, beiides the
iiicceffour , for fear e of occafining di vifions , 2 Sam. 1 2.
8. 1 6. 21. !Z) <*!>*'</ fw ore, and with an obligation f" iSam *>
of a curie on himlelfe. Thathewould deftroy 1.55.553
Nabalshoufe. which Cath as he kept it not, fb he did
notbreakeit, becaufe it had never any tye on him, for
equity made juft exception againft it, The lame is to be
laid ofchofe who vow or fwearefbmething but are not
anv wayes in their owne powers, and consequently pot-
feffe nothing for themielves, as the wife or the daughter,
whole C aths are juflly reclam'd by husband or father,
N«m.3O. 4 &c. But above all it is obfervable, that
Gocf himielfe doth oft contrary to what he abfolutely
declares, yet without infringing either his conftancy or
his verity ; becaufe in all peremptory comminations
there is yet a fiippo(i:ion of his grace and favour. Hence
Abrahams icrvant, Gen. 24. 27. faid God had not left
his Mafter deftitute of his mercy and truth>whkh ufually
in God gee together. ,
Obj. But out ofthe words of Salaam its f N*«mb. 2 3 -~l
objected, that God is not as man, thathe ever ip- .1
fhouldlye, nor as the fbnne of man, that he (houid
change or repent. Therefore hath the Lord faid it and
(58)
frail he not do it? KathhefpokeitancJ /hall hee not
make it good/
Anf. I anfwer, that God is not as man, that he fhould
lightly change, no nor change at all, if it certainly ap-
peare that his decree be abfblute; but that doth not al-
\vayes fb, if we will Judge by his words. God declared
to Adam, th a t the day he fhould eat of the forbidden fru i t
he fhould furely dye, and yet after he had eaten of it,
God permitted him to live almoii 1000* years. But here
Ibme reply, That by the words, Thou/kaltfurely dye that
day, Godunderftood chat Adam that day fhould begin
to be mortal!, but not adtually dye. To which I anfwer,
that this is of no neceflary confequence; For Godthreat-
JfGen. ao.Tned Abimelech and E^ecbiab in the fame
t* j manner, but no wa yes in that fenie, as be
ing perfbns as much naturally mortall before Gods
threat as they were afterwards. To Hezgfyah God laid,
{Ifa 3 8. "7 thar hefliould dye ofhis prefentficknefle, yet
'; $• S God afterwards affiired him that he would
adde yet fifceenc years to his life* becaufe he had feene
his teares., and heard his prayer; which it feemes by the
cffev^: was the tacite condition prevailing with God, to
alter his pofitive resolution and threat. The like alfe is
obiervable in Gods decree againft Ninfoeb* which was
f lonah 1 not dedroyed afrer forty dayes ; For God re-
L?- 10. jpented of what he had faid, becaufe they
repented.
They who wrought in the Vineyard but one houre,
received as much as they who wrought all day; for in
thatunequall diftribution, the lord did no wrong to
any other in giving what he would on! v out ofhis owne:
In like manner, God in remitting a forfeit or a punifh-
mentduetohimielfefrom another, doth net an aft of
injuftice, becau/ehe:iilld;ipoiesof his owne, Punifh-
nient is not a debt from the party injured to the party in
juring, but quite contrary from the injuring to the injured
as alatisfaciion, in which fence the offender when he
is piini{hed,is rightly faid, flare prfnas fcilicet injuYiarnpaffo
Ifthis were otherwifc, thea there were no place at all for
(59)
Clemency in luflic e : dementia enim nw cogittiy, & Jtne^
tejjaria plane efl> dementia ej/e definit : And if there were
no demency afterwe have forfeited our felTts^then con-
iequently were there no place for Prayer in^Exo.^2.\
T\ciigion'3 and Moyfis had in vain ftrugled \ 10. 14. j"
with God, that he would not confume fozlfraelites af
ter he had declared f o to do . Mercy -therefore is not op-
poiite to juftice but a part of it, i Jom i. 9. God is faith-
full and juft to forgive, !?/*/. 71 . 1,2. In thee, O I ord,
have I put my truft, deliver me in thy righreouihcffe.
All which appeares molt clearly; ler. 18. 7,8,9,10.
E%ec. 33.- 1?, 14. Thus Princes by rheir prerogatives
parcion criminals^ and like God here preierve thole
whom they might juftly deftroy.
3. C'uc of all this therefore it fbllowes., That as
promises may be abiolute or upon fuppofition (in which
the obligation is founded on a condition ) fb may
oathes be.
4. Asa promife is not alwaycs of thofe things to
which we wrerc oblig'd before thepromile, but of thofe
things onely which may be done without fame, W^.
of things lawfull and in our right of difpofing, or of
things which hinder not our encreale in piety and good-
nefle ''.( to which we are in a higher obligation bound to
God both bpdy and foule ) even fo oaths may be of all
thefe, other wife fcelito ejjet fides, as Hero 4s was., to kill
lohnftaptift.
5 . As we cannot effe&yfo we can not pofitively pro-
mi le nor fvveare impoffibilityes. Things wrhich though
they may be done, yet not by us ; or things which arc
in a future uncertainty.
6. Hee who fulfil snot his promife to him, who will
not have it fulfill'd, breaks it not : fo in the like ca(e hee
breaks not hi* oath^ The ground of this is, becaufe
we have not a right of making others keep what is their
own in property, longer then they will themielves.
This is the foundation of the diipenfation of oaths:
which the Dolours even of our Vniverfities ( as well
as others elfewhere ) give every ycarc to thoie who re
ceive
O)
ccive their degrees. To pay a debt is al wayes a duty in
thedebtour fu long as the creditour will have it a debt ;
but it is not a duty al wayes in the creditour to receive it
from the debtour : For acceptation is equivalent to
payment. As in the others breaking a conditionate pro-
mile or league, a man is freed from the obligations on
his part ; to in the fame cafe a man is freed from h js
oath.
7. As a man cannot peremptorily promife a future
uncertainty, fo neither can he aiTure himfelfe of that
which paft before he was extant in nature j and there*
fore cannot fa&ly affert or fweare the evidence or cer
tainty of that which was before he had any knowledge
or being. Hence though poffibly the Catholique Reli
gion was not longagoe eftablifh't and profeft in Eng
land, yet I cannot fweare it was fo, without finning,
becaufe I have onely a morall or probable certainty of
it ( notan infallible one ) T>iz, the Tradition of manor
tion ) though
/of his Mira-
ty of them is not to be doubted of,
as of the other ; becaufe even at this day we have Gods
infallible fpirit, which ftill gives teftirnony both of
him and of his miracles., according as they are fet down
in his word.
8. This cafe fhewes us the dangeroufneffeofthofe
aflertory oaths, which require us to f wear positively,
thatfuch orfuch a Polemicall thing or opinion is true,
which may feeme clearly fotothe learned contrivers of
thole oaths, but not to others. The thought of the mind
is only refer ved to God, who oncly can be lure of it : It
is that which doth another man neither good norharme,
unlefle it be communicated, which indeed may be for
bid by oath, becaufe in the communication of it there is
external! action. Twere happy wee had as infallible
means for our opinions in all divine and civill matters, ,
as we7 ha ve in our own matters of faft : but if wee think
not aright in thofe matters., it is no fault nor fraud in
us j it is a defedof our understandings, which wee
cam*
cannot poffibly help, not an a$of our wills,
9. In an oath made to a Pirateor a Tyrant wee con
trail with God himfelfe likewise. And if it be concern
ing things in our power and lawfull Cthat is in things
which no man hath fb much right to di/poieof, as our
ielves ) then wee are bound to make the oath good.
Neither is it difficult for us to comprehend,, how there
may bee an obligation in us to give that to another,
which he may have no ftri& right to demand, zsinde-
litp gratis, in doing one good office for another - And if
this were other wife, then the moft iblemn and religiou£
eft thing in the wot Id, would have no fenfc nor effect.
Han ut non tenearis, nijt ipfe nolu , non eft de natura
luramenti.
Out of this we may examine and conclude two things
concerning the perfbns who give the oathes.
Queft. i. Whether they be our lawful! Superiours or no*
for fbme think no oath can be lawfully taken, but from a
lawfull power. To this I anfwer,
Anf. That Saint Paul in the forementioned chapters
f wore, not conftrain'd by any legallrbrmall power, juft
or unjutt, but mov*d by the juftnefl&of the matter which
heaflerted. If there be a peccancy in the matter contra
ry to the right of a third perfon, the Magistrates title and
fupremacy cannot warrant it; and if there be no pec
cancy in the matter, but only in the title of the Magi-
ft rate, then neceffity which is the Cxfar of Ctefars, and
which admits an-appeal above them ( as hath been larg-
ly proved in the firft part ) is our Magiftratt, and wa*-
rants our oaths as well as f uch promiies;
Qufft, 2. What if the powers above us fwear us to
fuch things as may be good, but which afterwards we
cannot actually accomplish ?
Anf, If the dehciencie proceed from a decay of thofe
•powers, and that we contributed nothing to it, then we
are free: namguimneftfaufa caupe non eft cau/a caufati.
Secondly, If the good things fworne be of Religion and
the promoting of piety, and tharby the means of the
power which iyvore us, then if that authority faikj wee
arc
are freed from io much as concerns our eflfe&ing it that
•way, and we areleft oncly to that obligation of Precepts
which tied us fuffioently to advance piety and Gods
worfhip beforeTbe pvore. In this cafe we owe nothing to
the Magistrate for the matter of the oath, but to God
who hath here Jus tertte for font ut partis & teftis. For we
are originally bound in ail things to icrve him with all
our hearts and fou^es to our 1 i vcs end . In modo pwmolren-
dipietatem, wearemoreinteniively oblig'd by oath to
cooperate with the Magistrate, and if hee on his part failc
wilfully or negligently, at his ownc peril! be it, for
\ve arc thereby difpenc't from the 'tie of the oath that con
dition failing.
CHAP. IV.
In whofc fenfe is a Promiffory oath to bee
taken and keptD either in the givers or ta
kers fenfe?
.
I A nfwcr that it is to be taken and made good in the
Adinintfifei'sfente ( whole oath I iuppole k be ) or as
theiwearer conceives it underfiood- commonly by o,
thers. For it is-aPromiie or .con tract of transferring
fometh ing to another , v/^. to the firft propounder ; ancl
therefore in it we do but .follow his wijlormindcas
the principle, to which the words; relate. Suppoie I
voluntarily promife a man fbmerhing abfolutely or
without delay, and he conceives buc upon condition, I
am notwithttanding obliged to give it him immediate
ly ; Becaufeall the Obligation wrrch is, comes from
my mind, of. whicb the declared tenfe was, to give
\vithout delay : So if I promife 20. and he conceives
but io. lamby myowne will, and thefakhof a man,
obliged to 20. which was the principall and declared
feaie, In
In like manner, if I know the Propounders mind and
jneaning in his Oath, and fweare in thofe words which
properly fignifie his mind, I Hand bound to his icnfe ;
becaulemy fenfe tells me, thatfuch orfiich was his lenfe.
It is a mans thought withm, more then his words with
out, which are to be confidered :
(Deesyuirogatillefacit. Mart.
Becaufe internall A6ls (fuch as are the thought and
will of the mind ) are not vifible by the eye ; Yet fomc-
thingis certainly to be determined, that io the religi-
ouieft and ftri&eft Obligation in the world might not be
without its cfteft
The meaftire of interpreting, is the Colle&ion of a
mans mind by probable fignes; which fignes arc either
words, or other probable conje&ures. In cafe there bee
no figne which might fhew us the contrary, then words
are to be taken in a plaine common fenfe, and not too
much Grammatically : And therefore the Romans (as
others likewife have obferved ) dealt treacheroufly with
Antiocbivst to whom when they were to give halrefuch
a number of Ships, they divided each Ship in two: In
which, thopars dimidia, natium were true Grammar La-
tine in that divided fenfe; yet all the world could not
underfland it, bu t of whole Ships .
Thu s when we fpeake of L aw, we uie the termes o£
MensLegu, though indeed it have nothing but words;
And we fay, Summwn jut may be fumma injuria, which
is impoflible according to its words. A 11 this {hews,
that it is the meaning of the Principals mind, and not
bare words which ipecifie the things in queftion. And
feeing all Oaths are compoled of words, and that wee
have found what mitft be the fence of them ; I {hall ex
amine what Obligation they have in the Societies of
men.
CHAP.
CHAP. V.
Of the Obligation of Words*
HEavcn and Earth fhall paffe away /boner then
Gods Word; the reafon is, bccaule it made both
Heaven and E arth,and the caufe is al waye s nobl er then
its effedL All change argues imperfection, and there
fore Gods Language is a 1 way es die lame: But man is
imperfect both in his undemanding and will, and fo
consequently in the fignes of both : His habit, manners,
Lawes and Words "derive his Pedegree from flabell
and confuiion* However, though all Countries vaftly
differ in the exprefTions or fignes ( which are the fignifi-
cations)of their minds, yet they all agree in the fame
(enceof the fame thing: Two and two in all Coun
tries make fbure, though two and twofignifiefburebut
in one Country. Wherefore every Country is obliged
to communicate in its own words3 according as they
are popularly, not privately underftood by them,
Queft. &ut to are tbey obliged to that?
Mnfa\ I anfwer by Contract, even as they are to
their particular 1 awes. For that power which makes
a Law, makes a Word, and that which abrogates a
I aw,takes away a Word : Cultome makes a Law, and
cuftome makes a Word : Yea, 1 aws themfelvcs are
the vaincft things in the world for Government, if we
have not an Obligation one upon another, whereby
we are aflfured of the publique fence of the words, which
every one is to practice thoie Lawes in.
If words change, we are to accompany their change,
as we;wculcl accompany the Society in which, and by
which they are changed: But yet wee are alwayesto
kcepe to the fame fcnfe , which is the end of all words :
Jnfbmuchthat if by old Tenure my Anceftours were
obliged to furnifli to the Land-Lord ib many Oxen
yearly,
yearly, and that by change of time the word Oxe (hou'd
'nowngnificperhapsaFly, yet I am obliged to pay in
that which was meant by a Fly at fuchatime, which
was then an Oxe : I put this plaine caie, becaufeino^
ther Tongues there hath de fatto been asftranse, yea
flranger changes of words, witneffe Lufa & lufanar,
&c.
It were n eedleffe to fpeakc further concerningjhe Le -
gijlatfre po"tofr ofmakjng Words, the reafon ot it isfo
cleare, and every where in pra&ice : I ihall onely ob-
ferve that the Romans, even out of Italy obliged the
Countries where they had their Legions , to iollicitc
their affaires , and communicate with them in the La-
tine Tongue which save them their I awes : For it feem-
ed fbme kind of fab je&ion for the Governing party to
apply it felfe to thote whom it Commanded. Hence
french, Sfanijh^ and Englijb alib, retaine a mixture of
Latinc words ro this very day* Thus the Pope pretend
ing now to the Supreme power and Jurisdiction iu
Religion, lets thofe of his Jurisdiction (in ieverall
Countries ) the Language of their Religion : A nd were
knot, but that I connder Horace lived when all this
was pra£hfed, I fhould much more have admired his
profound determination of this Queftion in his Ars
Poftica,
^uem penes arbitrium ef?, ^ \m <&* norma loquendi.
The conference of all this fhewes us what an un-
naturall and unlawfull thing it is for a mantofalffie
his words, to tell a lye, to ufe mentall refer vations. ex
fubticcntia, or equivocations, ex tfmpbibologia, which,
makes a martyrdome folJy,and leagues and contracts of
noaffurance. This therefore was originally the adtof
the firft Law- breaker, who therefore is called the fa-
. ther of lyes, as God is called, / am th*t I am} the Father
of Truth, in alt his words.
Letit.iy. il.Yefhallnotdealefatfly, wither lye one to
another- for (Epb. 4. 25. ) Ye are members one of another.
Gal. 2. 11,12, 13. Peter is (everely reprehended by ^a/
for difTembling, out of a fcare of thoie of the Circumci-
F iioa
. Here he who was at all perils to profefTe truth, pro-
feft lying, for he intended to deceive.
Ob. It is obje&ed. That he who equivocates tells an
untruth, not to deceive another, but to preserve him-
fiffe.
{Of Equi- 7 Anfto. I anfwer, That he who thinks o-
vocation. jtherwiie then hee /peakes, deceives, and
intends to deceive. For he tells his thought to another,
different from what his owne heart tells it him , that lo
he might beget that opinion in the mind of another,
which is to deceive , and to elude : To lay hee doth it
only to prelerve hkruelfe, reaches not the difficulty; for
though that be his primary end, yet bit intermediate end
is to do it by deceiving. Let him allow the iame liberty of
plea to one who hath robbed him,, and he toll preient-
ly hearetheThcefe fay, That his end in that Action
was onely to preserve himfelfe, not to wrong him :
Which yet he his Adversary will not take fora juftifi-
cation. No cvill therefore is to be done, that any good
may come of it, ^0^.3. 8. otlierwife the Devill would
be as a con-caufe co- operative with God, and collate-
rall,notoppofite, to him. Truth and Falfioodare parts of
luff ice and injustice, which have relation to our Neigh
bour ad extra^ and therefore are not to be eftimated ac
cording to that which is feigned, retiredly within in
the mind, but which flowes from the Tongue in known
and intelligible words;
— (foft effertanimi motus inter prete lingua.
For the mouth of an honeft man is in hisneart , and the
heart of a knave is in his mouth. But it is to be well ob-
ferved, That he who tels not all the truth telsnotalye;
which was Abrahams cafe, Gen. 20. 2. when he faid no
more of Sarah to Abimelech but that fhe was his Sifter,
That of St. 'Pauls pretending to be a Pnarifee,^#.23.
6,y. after his being an Apoftle, is a little more intri
cate, becaufe in executing an Office , eipeciallv fach a
one as confifts in an upright witnefling a Truth, and
fiich a Truth as immediately relates to the fntereft of
Cods glory, and not pf %our own , and Ti'bifh ought to be
tleve' infeafon and out of feafon > ( as St foul hlmfelfe
faith ) there we ought to be moft peremptory and un-
maskt, Exod. 23, 13. Eli/h* permitted Naaman to live in
an idolatrous country, on condition that he tef lined his
diflike. 2 l{ing. 5. « 8, 19. However St Paul ftruck not
in with the Pharifees again/I the Sadducesupon a Con
tradiction, though in that dangerous Riothe would not
dedare upon what pround he beleeved the Refurredion,
To pafTc a dangerous Wood fafely , it is lometimesr
lawful! to put on iiich skins as the B calls have which
haunt thof e Woods ; but not fuch a s AJwleiw his Theefc
put on to deceive and rob men. Nay, thofeTbards'tobicb
are not in themfefoes true, are not ah ayes lies ; For they arc
directed to a Morall and to a pious end, and there
fore by that intention are not contrived to deceive or
abufe» Of this iort were our Saviours divine Parables,
the Story of 2) fres and Lazarus (for finders are not in
Heaven, nor tongues in Hell,) and of the Prodigal!
Child. Likewife of Jotbams Trees going to chufe a
King, InAg. 9. S. And of the poore mans onelv Ewe,
which the Prophet K^»a{fured King <DaVid was for
cibly killed by a rich man.
Having therefore thus throughly ( as I conceive ) ex
amined the nature of Oaths, I fhall fpeake to the parti
cular cafes wherein they are or may be pradifed : and in
the rTrft place, I fhall fpeake of the L eagues and Oaths
which pufle betwixt Prince and Prince ; that fb we fee
ing how farre they conceive thcmfelves mutually ob-
li^'dby Oaths, may the e all Her guefle at the Nature and
obligation of our own Oaths to them,
CHAP. VI.
Concerning thoft Oaths which pafle betwixt
Prince and Prince.
COmedifpute, Whether as Kings can abfblve their
U£,kt«Ac f^om their oaths to them, fo v/hethcr the/
F 2 can
Can abfolve themielves from their owne oaths. The
g rand fiibdlty of this is, becaufe the ads of fupremc
Princes arc not contrary to, but above all Law: and
they are done in places where they are not lubjedt to any
fuperiour jurisdi&ion. For if they be a&s done at home,
then it is cleare theyarc above their fubje&s :If abroad by
any Proxies, then its clearer that their perfbns are leflfe
fubje£t. But becaufe they have promifforily transfer'd
rights to others, and that God is in the obligation, and
that all perfons and places are alike iubjeft unto him, as
he is King of Kings ; therefore fuch Princes are oblig'd
as much as others., in fore inferno, ( of which jurisdicti
on all Oaths are ) though not in for o externo. The for
mer defcriptions of the natu re of oaths are diffident for
the further proofe of this,and therefore it would be need-
leflfeto enlarge upon it.
If oaths be made by Princes to Princes in their Prince
ly capacities,, but that thofe Princes are in their Princi
palities oblig'd to Lawes, then their Lawes being a-
bovethem ( in regard they ftandoblig'd to them ) their
perfbns are onely conditions of their oaths, whereby it
is manifefted,, onely with whom they contracted, V*^.
with the communities whereof they are the firft and fu~
premeft Officers.
If Oaths and Leagues be made betwixt Princes who
were above their Lawes,, but that the qualities of their
perfbns be afterwards changed^ whi ch qualities former
ly were as conditions moving to the Oaths and Con-
traits, then the whole obligation ceafes betwixt them.
This cafe is fpectfied above 5 in the Oaths and Treaties
which lately paft betwixt our King, the King of Sp line,
andthe now King or Portugall; as if our King flood
obliged to the King of Spaine, only for fb much as he
fhould be able to hold in his Poflefsion.
Thus much briefly concerning Oaths betwixt Prince
and Prince. Now I fhall fpeake concerning Princes
Oaths to the People, efpecially concerning Coronati
on-oaths: and afterwards I fhall fpeake concerning fub-
;"e£ts Oaths to their Princes.
CHAP.
CHAP. VII.
Concerning Princes Oaths to the People, and
of Coronation-Oaths.
' £ I. ffw Prijiccs thinkjng to kfef thvfc Oathes^ may
breake them.
2. Of Stale Oaths.
3. The Oaths and state-acts of Communities in Ages
pafty are tbe afts oflheprefent Communities , if there
were KO intervening fundament all Change.
4. How a man may juftly change hit will.
5. In what fence Communities change not.
T/"SuaJlyin all places Kings at their Coronations
fweare. That they will keeps, and fee kept.^al! the
La wes wh ich they finde at their entrance, and that they
vv ill not innovate and chan ge any thing in them.
&#. i. Though this feeme very candid, yet I (ay there
is nothing which can fooner ruine a State, then Princes
rigid keeping, or carelefTe breaking fuch Oaths. If they
hold to their naked termes, then there can never 6c any
good reformation : For that uiually requires the tak ing
away of ibm? Lavves : And a power ofabolifhing (bme
old Lawes, is as effentiall to Government,, as the ma
king of new. Thus alfbifthcy care not for keeping their
Lawes at all, then they may takeaway the goodt awes
as well as the bad; and-fo there is tyranny in both. What
is then to be done >
Sett. 2. I conceive that all iiich Oaths,as they are of
" matter ofState & Government, fb They are to be in
terpreted according to the Tacitc Conditions and
F 3 foundations
"' foundations of Government, of which,
*'tion of the community is the chiefeft. And becaufe the
dangers of a State can never be all forefeen by any com
pany of men, by realbn of the infinite circumftances of
humane actions and accidents, therefore they cannot be
all caution d in Pofitive Lawes; 2^ ebtimis rebus fua
femperad/lantpericulaaut etdnafctmtur, wnichas PUutttt
faith, nobis ancillant quafi frapp*. Thole lawes for this
realon, are laid to be made cumfenfu human* imbecillitA-
tis , and to laft no longer then they may bee for the good
of the community who gave them their being to no o-
therend* So that we may well lay, thole Magiftratcs
Tbbo ebftinately bold thw to their Oaibs> breaf^ them. For
thinking to lave the i aw in its letter and words, tjiey
niaylole and ruine their /fates and lawes, by not keep
ing to the originall fenle of them, further then which
they cannot goe: Wherefore each Community hath a
liberty of excepting thole future cales from the rigour of
their laws, which in all probabilitythey who firft made
the laws would have exccpted, if they could have had
certaine knowledge of them, when they were making
the la id laws.
Obj. Butitmayb«obje6led, That we have not luch
a liberty in others a&s as in our own, nor yet have we li
berty in all our own. For an a£ oncepaft,is in faith to be
kept, efpecially if an oath be faftned to it, &c.
Anf. Sett. 3. TothisIanfwer,Thatirisillluppofed
that the Legiflative a<5ts of former ages are not ours:
For we are ftill the lame Ibciety or body politique, which
dyes not, no fundarrientall change intervening : Though
theparticiilarperlons^paftaoesbenomore, yet the lo-
ciety is the lame ; jutt as the <l(kine is the lame river it was
at the beginning, though its waters ftill runnc away,an d
are every moment buried in the Sea.
When our actions are for our lei vcs (and not in ma
lting over fome rights to others } then wee have alwayes
a Naturall liberty to difeofe of our actions for our Idves,
as we fh 11 at any time nnde fitting. The body Politique
ea n be conljdercu but as one particular pcrlo^ and what
it
r?o
ica&sisufaalJy fork felfe : and fb in that confequcnce
hath a liberty of doing or undoing what it fhallrlndc
beft corresponding with its particular intereft.
4. Every particular man hath liberty to change his
will in the difpofing of what is his own, folongashee
lives, and the laft will invalids all the former : and hath
notabodyPolitique as large a privilege , which is the
fountaine of all privileges ? And indeed how is it ima
ginable that a man hath poyver to bind or fhackle him-
ielfe, or that a Community can force an obligation
upon it felfe? feeing it is neitner fuperiournor inferiour
to it fe'fe, Surely there is a better way for remedying a n
inconvenience, then for a man to obbl ige himfelfe to
continue in it,
5. Neither can a Community bee properly faidto
change: Becaufe it ftill holds to the fame end,, V/^.
The prefervation of the whole. 'Tis a true maxim,
gu<e adfinem ducunt in materia moult teftinMtionem habent
a fine ; take the cafethus : Thegenerall end of a Pilote
is to fa ye, not to caft away the m ip committed to him :
his obligation is to bring it fafely into fuch or iuch a
port : If the fands change the channell, then he is pb-
ligM to quithis old courfc^ and to change it according
to the change of the fands ; but yet all this is not with
the change of the generall end. Thus though he be
oblig'd to preferve the goods for thebenenYof thofe
who committed the (hip to him, yet in a tempeft, to
faye the (hip, he may not throw over his men, but the
faid goods, notwithftanding his obligation to iave
them. Aurum non T>a'et templum, faith our Saviour, be-
caufe it ferves it : Wherefore the old Priett did very
prudently, when hee fa w his Temple on fire, to throw
all his holy water on it ; and when that would not do,
to cry for helpeto this his laft remedy, cum aqua non poF-
ftm ruina extinguam. Though in this neceffity hee pluckt
downe the Temple which he was bound to prefer ve. vet
by this meanes he fa v'd fome of the ftatutts of the Gods,
for whom the Temple was built.
F4 CHAP,
CHAP. VIII.
Concerning fubjefts Oathes to their Prin
ces.
1. IPberefore dangerous to examine fuprems rights.
2. Of Monarchy, Ariftocrac)) and Democracy. No fort
of Government which can give alwayes a ctrtaine re
medy for an inconvenience of ftate.
3. Why fame Countries more inclind geographically to
one particular fort of government then to another.
4. Wherefore toe are abused fe much in dtftributive Iuftice9
( Reward s and Punishments) as alfo in the pleafures of
Jenfc y riches and honour^ for the enjoyments whereof
we fo vainly termsnt our J elves,
5. Of the power of dominion9 and therightofexercifing
it fpecifically in this, or tbofe bands.
6. Foure cafes wherein fubjefis are freed from former
Allegiance.
7. How a man may takg an eath from an unjuft invading
party, contrary to thofc oaths which perhaps bee to&ke
fitf from the juft party 9 wbepoffibly brafy no condi
tions wiib him.
S. Some Kingdomes fer the Prince alone and bis be
nefit.
9. Of tbs Harmony of Oaths.
j o. Two wayes of takjng oppoftte oaths.
11. Of the prefumptzve will of the Prince.
12. Of the conditions oftbofe oaths whereby we are fworne
to lofe our lives for our Prince.
13. In wbatfenfe may a man fweare tbatbe bath the right}
whom be kpowt is in the wrong ? Of fubfcription in the
Cbttrcb
. •}
(73)
Cburcb of England.
14. Why Penalties belter fecurities for Trincts
then Oaths.
i, IN government it ought to be moft prudently cau
tioned, chat a Society of State ravcll not out into
a diflblute 'multitude. For in conrufion there is a rage
which reaibn cannot reclame, and which muft bee left
to calme and fettle, as waves do after a tempeft, both
upon themfelves and of themfelves.
Tis confufion arifcs moft out of the reflection which
particular men may make on their particular rights and
liberties , which perhaps may lawfully belong to them.,
but are not alwaycs convenient for them <to have, no
more then knives and daggars are for young children or
diftra&edperfons. Libertas e nm Jingtdorum erit fertitus
omnium* Befides it takes away all future intelligence,
and breaks a Chriftall glafle, which can never be peec'c
againe fb finely as it was, but ever after will fhew bro
ken and angry faces.
2. We tliink our lervicc here very hard, being one-
very hand expos'd to perpetuall combats, and faine we
would meliorate our condition by experimenting what-
foe ver prelents it (elf firft to our preflures, but in vaine :
for like men in feavors we may change the fides of the
bed, but not our temper. The ftate^ofC~M , 1
Monarchyisofallthereftmoftexallent5iM ^^ $
cfpecially when ic represents Gods dominion, more in
the Juftice^thcn in thefingularity of the Governour. But
becauie there is no Prince who is inabled with prudence
& goodnes any way fb great & fbveraigne as is his pow
er, therefore hee cannot but commit great errours; and
ftanding on the peoples {boulders, he makes them at laft
complaine of his weight, and of the lofle of their liberty
which is alwayes their defired end.Ari- rAiiftocracy.\
ftocracy ftanas like a moderatour be- \ 3
twixtthe excefles of Kingly and popular power ; but
thi s mixture oftentimes produces monfters. The bjoudi-
eft commotions that; aj;e, happen in thisitare, though
'
(74)
eftecrn'd mofl temperate, juft as the greateft ftormsare
found in the middle region of the Aire, and in thole (ea-
lonsofthey ear which arc leaft fharpe.Noonc part of a
ftate can be ftrengthned, but by cutting the finews of ano-
thctjSedfpoliatisarmafupcrfuntjJuve. and impotency re-
prefenting at the fame time both nailery & f corn,cakes life
cvenindilpaire, and if it cannot be beholden to the re-
liefe of an Enemy,, will make the publique mines of a
Kingdome its grave. Take awayArmes and Libertie,
and every man is without intereft and affection for his
Country : Invade his goods, and the fountaine of a
trea/ury is immediately dried, and hce as fbone made a
beggar -, and after thefe diftrefles as Afacbufoell faith, He
Wl not lament fo much the lojfe of his publique Parent, as of
hisprii>ate Patrimony. Democracy reduces all to equali-
{D ocr \ty^ and favours the Liberty of the people
acy j in every thing : but withall it obliges e-
vcry man to hold his neighbours hands, it is very fhort
fighted.,permits every one in the (hip to pretend to the
helm, yea in a tempeft ; through policy it is oft con-
firain'd to introduce all thole deflations which ought to
be feared onely from envy, and at la i blindfoldedly gets
fuch falls, that it fcarce hath force enough remaining to
raifeitlelfeonitslegsagajne. It hath Iwing of liberty
large enough, but luch as is not proper to cure its owne
difiempers,, feeing itis very dangerous for a man (when
he may have other choice ) co be both patient and Phy-
fitiantohimfelfe.
Finally, Ifthis fupreme power fall into the hands of
a heady and of an unconfiant multitude, it is lodg'd'/n a
great animall, which cannot be better then in chaincs.
This is the circle which we fo painfully move in without
fatisfying our defires : And no wonder feeing Nature
in every part is lick and diftemper'd, and therefore can
finde reft in no pofture, Humane lawes grow out of vi
ces, which makes all governments carry with them the
csufes of their Corruption, and a complication of their
infirmities ; and for this reafbn they are ever deftitute of
vcttue, pvoportionable to die devotions of our crazie
com-
(75 )
complexions; jufiastheftatutcsof7>4/4»'5 gods were
dtfproportion'd to the gate of his Temple* out of whidi
( as /Ipolodorus told him ) they would not be able to get,
if hee fhould at any time Hand in need of their ai-
fittancc.
3 . Yet in the midft of thefe our ftiiftines arid chang-
ings we are naturally inclin d to one fort of government
more then to another , and it is obferyable, ooth out of
the Hiftories of the former Monarchies,, and out of the
• Moderne ftate of the world, That the Eaftern and hot
Countryes which lye under the courieof the Sun are
moftdifpos'dtotheftatcof Monarchy, as in the larg$
extents of<PcrJiay Turfa , Africa, Peru, and A4fex/V0, in
which later quarter of the world, the people who have
experimented both , are governed better and more con
tentedly by the Spaniard or VoYtuguife , then by the Hol
lander, who are by fits in die excel fcs of kindncffe and
of cruelty: and as is recorded of the French in&«/y,who
one while would bee dancing in the Streets with thole
whom they had conquered, and prefently after would
command them upon paine of Death not to ftirre out of
their d ores. But in Europe and fo neerer the Pole,
Countryes are difpos'd more to Republiques and po
pular mixtures , tempered according to fundamental!
laws, and the authority of Diets and Senats. Nee to-
tamfertiMem pati pojjunt , nee totam libertatem. Taci.
For this reaibn fome vainly feyjthat the Northen quar
ter of the world is alwayes more imbroild in Civill
Warrethenthe Eafterne. For though fiich fundamen
tal! parties in their Societies, fecm to confine as it were
on a battable ground, where a gap is open to ufurpati-
ons, and to matching one from another, vettheiupre-
macy and ultimate refult of power in fiich fiates isfo
defindand lodg'd, that they provide more effectually
fbrtheftifling, then for the growth of ambition ana
tyranny. Semg therefore dv's tempeft which wee live in
is likely to be perpetuall , the heft way to Deep in it, as
our Saviour did in his, is to quiet all within, rather
thej;mnji€c.cffarily to dUputelany thing without: and
to
C"
to confider that we arc now in fee c munili, that wee can
turne to no fort of government which hath not in the
veryconftkutionof it a power to wrong us in all the
parts of Diftritfutive Juftice, Reward, and Pumih-
ment.
C Of hmifh- 1 4. For to be able to punifh thofe who
\menr. S may wrong us, the power of the govern
ment ( whatfbever it bee ) muft be above all other
powers, and consequently abiolute, without redreffe
orappcale. Magiftratesaretheyof whom it may bee
{luve. Brightly laid — • %ui nolunt occidere qwn-.
Of Rewards. Squam—$oj[eT>olnnt. As for Rewards,
though the Governours were ali like
Ctffars, and had his Kingdoms andge-
"7 nerous minde^ Gratis utcmquc erit ali/s
J ipfa beneficionwipotentia. Behdes all this
we doe but abuie our felves in presuming of apleafai^
condition to be recovered in this life, be it either in
Scnfe, Riches, or Honour: For really pleafurc is here
{Ofthep'ea ^unattainable, not fo much through a
fureofScnfe. JCivill, as through a Naturall defect,
in the difproportions which are betwixt our Appetites,
ourSenfcs, and theirobjecl:s.
As for that which we fo pompoufly ftile the ravifh-
ment of the Senies, or fenfible Plea/urc, it is onclya
f relent bei iv out of thatpaine, which troubled usim-
mediatly before ; and when that is over, then 'another
prefemly begins to enter in the place of it. Befides no
.rnan I believe yet ever was in the actual! en joymentof
fb high a content,, but he could at the fame inftant have
imagined to himlelfe fomething of the fame kind a de
gree higher; and his miffing of this (which in right
reafbnhe (houldnot have expected ) indiicreetly breecfs
his anxiety. The paines of hunger and of Repletion
Ipurre us on to the functions of Life, and Nature ac*
companying all our painful! actions with.fbme/ecret
promife of joy, under that charme hides from us
•what (he intends we fhall afterwards iufc in our
icnfes,
As
(77)
As for Riches, they confift in ^^gsJ of Rich
Without us, and were to be fought after I.
above all things if they brought content,, as well as
content brings them. If they be for reall u/es., then it
fojlowes that he who hath not need of fo many things
as another, isricheftof the two: and the fewer things
they be which relate to and concerne a man> the Jefle
trouble afflicts him. Upon the whole we may fay of
them with Seneca- acctyiwMperitttraperituri-
Th is reafbn abates much likewife °f 5 of Honour 1»
the price of Honour ; which indeed even L ' 3*
jn Princes is no better then an abandoning the domini
on of their own perfbns , to take the care of thousands
of others : For the wretchedcft children in their Nati
ons expe<5Htrength and remedies from them in their un-
juft fufferings ; juft as the weake Infant doth Phyficke
in the milke iiickt from the Nurfes. body, which is
•weakened thereby :
Nemo eodem tcmpore ajfequi potejl magnum famam & mag-
nam quiet em: Qliind:il.
Meane people lye all at the roots of Trees, and enjoy
that quiet there, which they who fit aloft inthebowes
cannot. This made Cafar feare Pompeys fate, when he*
had got his power and became what Pompej was.
Jam cinis eft, & de tarn magno re ft at Acbille
Nefcio quid pnY^am quodnon hem compleat urnam.
The old Philofbphcrs confidering this over-richncfie
in on r fancies and a ppetites , yet concluding that God
and Nature made no faculties in vaine , rightly fought
for felicity and pleafure out of Nature_, andi beyond the
bounds of this jarring world : they were onely unhap
py in notdi/cerning the right Objec-l, Chrift Jefus; he
hath fhewn us that which will fatisfie,, becauie noc fub-
jecl to change, nor anyway elementary. They who
'have faith to embrace it, fee the world immediately
beneath them 9 and the confiderableft commotions in
it ordinarily to be but as a wind's blowing of leaves up
and downe, in which fcirfHe it matters n.oc which tri-
umps over the other*
In
C 78 )
In the examination therefore of Rights , and of the*
caufes how they are forfeited, The familiar canva-
fing of thefe fupreme Rights appeares (by what is pro
ved before) to be the dangeroufefi For it unloofens the
very pins of Government a and Co lets all the Frame fall
into confufion, and by that into the extremity of dan
gers. However, becaufe there may be juft cauieof can-
la/ing the forfeiture of thofe lights, according to thofetacite
conditions, which are the ground of the peonies vaths,
as well as of the Princes , therefore I {hall briefly let
downe what they, who are for #ri& obedience to
Governours , have declared long agoe upon the cafe,
together with their reaibns.
But as a ground to all their following fiippofitions, it
will not be amide to agree firft in the competency of the
Tribunall from whence their determinations iflue.They
who derive neither from Prince nor people, but from
Jefus Chrift, as the immediate difpcncers of his my-
Iteries, ihterpofe with greater aflurance then .any of a -
norher Robe. But becaufe they hitherto have in this
differ 'd among themfel ves as much as any Profeffion;
5 . Therefore diey ha v e cauied ibme to looke for a-
nother Tribunall to jud^e of them, and before an in-
tire refignation 3 to make ufe of private reafons, to fee
whether there cannot be a difti nation betwixt the Po"toer
9 f dominion, and the right of excrcifing itfpecifically by this
er tkofc bands.
The Powers which are, c'erive folely from God, by
whom all things live move, and have their being: And
becaufe this is a facred theme, therefore ipany I)ivines
( or rather Minifters of the holy Order ) think the whote
queftion is to be defin'd at their Tribunall by the text of
«f Afls 17 tS.T1^ Bible. But according to Saint Paul
L Jouto1' JratmwlHefiod, the Scriptures
doe not fofely difco ver this power of God, but only the
power of the new Creation : If it had been other wife,
Saint 'Paul in ftead of appealing to Ctepiry would have
appealed to himfelfe, or to his ovvne order. Therefore
the Miniftry is noc the fole Judge eyenpf this firft pare
cf
(79)
of thediftin&ion. The lawyer he onlyfpeaks proper-
ly to the latter, becaufe it is injure ad rent, and con-
fifts in, and is Specified bv Contract, and in rhofe ca
che conditions which arc cleared by the rules of naturall
Equity. Cur <D ruids therefore are not utriufque fori;
neither are they as the Lrtites, Keepers of thofe arcana
ludicti &1 Imperil, which God fblely ordered for the
Jewes Common- wealth. The Lawyers therefore beji
finde out tbe right, and the Miniftry be ft perftoadc us to
waJ(efonfcience>ofit. Thus therefore I enter upon the
particular cafes.
6. He who hath /worne Allegiance ^nd fidelity to
his Prince, isabfolved, andfetat liberty, if his Prince
abandon his Kingdome. For upon his own a&, he hadi
and will have no right to it ; and fb farre as he hath no
right, his fubjeft can doe him no wrong. Heewho
throwes away money (tit -in jattumifsilium ) is no longer
owner of it. B ut it is to be noted, that he who ufes not
his own will , is not to be fuppofed to kave abandon'd
it, as is largelier prov'd in the firft part, c . 3 . Sett. 5 .
Secondly, If a Prince give away, or fiibjcft his
Kingdome to another Crowne, then he may be refifted
in it, not withftanding any oath: Becaufe the alienation
of a Kingdome,* is not comprehended in the govern
ment of it, and it is his government which is the ground
oftheoath.
Thirdly, If a Prince through mad fury or folly,feeke
in a hoftile way the deftrudion of this whole King-
dome, then we [owe him nothing by oath. For the
will of governing and deftroying a Kingdome,is inccto-
{itknt with it felfe. Hero virtually declared he would
not goyerne Rome, when he was fetting it on fire* Thus
the Civill Law permits fathers to disinherit their
children, and children to difiaherit their fathers,
(which the Caluifts permit though they (wore before
never to disinherit one the other ) if they have attempted
to deftroy one the other: for thereby tncv become tin-
naturall, and con/equently ccale to be either father or
<bnne, San. pr*. 7, &#. 7,
And
( So)
And this is that which the Law and the Ca/iiifts call,
folutioytinculifer cejjationem maim*, aut rnutationem <*/*-
quammtabileni fattam circa cattfam juramenti principal m :
tianderfon in his <Pr<el<x. j. fee. j. faith, That the mat
ter of an oath ceafcth, and is confumed, when the ftate
of things is fb chang'd betwixt the time offwearing and
fulfilling., that if at the time of taking the oath, the ftate
and change of things which afterwards follow tf, could
have beene then forefeen, the oath would not have been
ta ken at all. It fliould f eeme that this is one Tacite. Con
dition, which is afterwards as effecluall. as if it had been
at firtt expreft, although the oath at the beginning might
have been only in pofitivetermes.
4, Fourthly, if the Prince have part of the fupreme right,
and the People the other part, then not withhanding an
oath of Allegiance to him, he may be opposed if he in
vade the other part of fupreme right* And this Grotius
faith holds though fiich a Prince kave the power and
right of Warre alone ; for that is to bee understood faith
he of fbrraigne Warrc onely.: Nor can we conceive
how that party which {hares in the fupreme right,
can be without the right of defending it, infomucli that
jf the Prince invade the others right, he may ( faith
he ) lofe his right by the law of Warre. Supreme right
(asislargelierfetdownin the fnrft part) confiHs in a
capacity of making and aboliihing laws, in levying ge
neral! Taxes, &c.
7. But all thefe cafes onelv fhew how wee are abfbl-
ved in ourowne corifciences from all oath and contract,
when one p/arty forfeits hi-s conditions fir/1, in which the
difficulties are not very profound, wherefore now I fhall
endeavour to flic w} Ho"^ a man may take an oath from an
mijuft invading party, contrary to tkqfe oat1 estyhick perhaps
betook^ fir/I from the jutf party, Ikho pofsibly brake no con
ditions "toitk him. This caie I take to be almoft the utmoft
of that which' can be pur ; However I fhall fee what we
may fav for our fel ves in it.
8. There are fome Kingdoms which are considered
for the King and his b?nefita!one ; an4 wee cannot pro
perly
perly call fuch, Common-Wealths, bccaufc there is no
Community, neither of Law., nor of any other right, be
twixt Prince and People: butastheoIdRormn flaves,
ib thole fubje&s., Non kabent capita injure- or ar thofe
who were anciently excommunicated, of whom it was
faid, That they had Wolves heads, that is .men might
kill them as pardonably as they might Wolves : Thefe
likewise had no community or participation of right;
Excommunication then being more then a bare putting
out of table commons. Such iubjeds as thole, though
theybe£naw'dtothc.bones, ani that their bookes of
I awes be but bookes of account for the P rinces deman
ding their whole fortunes, yet they have not the ri^ht
fcarce of a figh : Thffe muft bring their Tributes to their
Ceefar, like the mute fifh in the Goipell,and afterwards
are as liire as it to pay their lives into the Contribution.
For God many times finding; fo'ne nations grofle'y pec
cant and obnoxious to his fevereft Juftice, inftead of
destroying them, gives them up as a prey to another
Crowne : Thus were the /even nations; And after
wards Ifrael it felfe was thus ip the hands of Nebuchad-
ne^^ar : for repining at whoic rigour they were exprefly
reprehended by God r which particular cafe is not a
penerall Argument or coniequence (as fome argue it}
for the manner of Government, and theduty or la'irtidc
ofiubje6^ion in all Kingdoms. The relation betwixt
fiich fabjc6ts and fuch Princes, comes not properly in
to the icope of this diicourfe : for the more imme
diate entry of which it is to be confidered by way of
objection,
Obj. Sett. 9. That as contradictions are not verifi
able, fo God who is truth it felfe, cannot bee a witnefle.
to them, unlefle it 6e to punifh them. But feeing in fuch
oaths there iscontradi&ior, How then can we hope to
be juftirTed by God in taking them.
Anf. All that which hath been cleared above, £rves
mainly tohelpe us in this difhcultie, and to lead us to a
tnie harmony of oaths; which fbme ftretch wildly to
finde even in the Very terms of oppofae oaths, at kafl by
G a
(82)
a fecretfenfe which they fay the fwcarer hath liberty to
put on them for himfelfe, ^vafipropc^tio mixta ex wntali
&> T>oca!i ejfet legitima ; which opinion is in f bme manner
perhaps refuted above.
10. I conceive but two wayes of taking fiich oppo-
fite Oaths.
Firft, When it is in a thing wherein a man may juft-
1 y prefume that the right party for a time releafes him of bis
former oath or duty to him. This is meant during the War
onely, at which time Ufurpers never declare their fu 11 in
tentions, becaufe they are not as yet certaine whether
they {hall finally poffeffe the power whereby they may
be enabled to make good what they pretend; neither can
they fbrefee what their after necefsities may be.
11. Secondly, A man cannot by oath, or any other
way be oblig'd further to any power, then to do his ut-
mofr. in the behalfe thereof 2 And though the oath for
the right magirtrate be taken in the frri<5teft terms of un
dergoing death and danger., yet it is to be underload
al wayes conditionally., as moft promifes are, W%. If
the action or pafTion may be for that Powers or Prin
ces advantage. 1 et us take the cafe as we fee it pra6tiz*d.
In an Army each man is or may be oblig'd by oath to
lofe his life for the Prince whofe Army it'is, rather then
turn back or avoid any danger ; fuch an oath is caTd
Sacramentummilitare : This Armv after having done its
utmoft, is beater^and now the Souldiers can do no more
for their Prince then die, which indeed is to do nothing
at all, but to ceafe from ever doing any thing, either for
him or themfelves. In thefc freights therefore it is not
repugnant to their oath to aske quarter or a new Iife;and
having taken It, they are bound in a new, and a j'uft ob
ligation of fidelity to thofe whom they were bound to
kill few hours before, neither can the Prince expect that
by venue of their former oath to him they fhould kill
any in the place where their quarter was given them.
They who u' ve under the full power of the un juft party
may be faid to take quarter, and to be in the fame con
dition wi& the fernser : and io have the liberty to ob
lige
(83)
lige thernfelves to that which the Prince may now ex
pect from them., T>/^. tofwearto thofe under whole
povyer they live, that they will not attempt any thing
againrtthem.
All that this amounts to, is, That it istPrater wow contra
prius juramentum -y and as the condition which was the
ground of this promiflbry oath is fuch, that 1 1 is impofli-
ble fora man in ittoadvancehisparties caufe,lois itim-
pofslble for him to be bound to an impoisibility*
13 But what if the ufurping power fliouJd cxacl; an
oath in termes more repugnant to a mans confcience : as,
That he fhall now fweare not only not to do f (v,eft \
any thing againflhim, but to do all he can L J
for him, and befides will have him fweare, That the
very right of the caufe belongs to him, and not to the o-
ther party, as in Edward the Fourth, and Richard the
Thirds cafes, &c.Inanfwertothis I firftfay^ 7
That probably the man call'd to fweare l/' J
here, formerly oblig'd himfelfe to the other party by
oath, but not as if that party pofitivcly had a clear right,
but that he knew none who had a clearer, and d'lerefpre
upon the fame ground, he may neither fweare action
nor po/itive right to this party ; Though my hand trem
bles to write further of this cafe, perhaps as much as hi?
would, who fhould come to fweare it tatfis Z^angdiis,
yet I finde great Doctors who have taught us that which
favours oaths infiic'i termes ; Not as if they had a Po-
fitive or Gramma ticall fenfe in them,but that they require
only that we Should do nothing contrary to the termes
of the oaths, or of their fcnfe, which is as much as to
fay, That though wee know not wherein that parties?
rights positively confift, yet we take our oaths that \ve
will not do any thing to weaken his preteufions. Though
this fenfe fatisne not the terms of the oath in their rigour,
yet thofe Doctors fay it may fatisfie the fcope of it, be
yond which a man is fiotoblig d unleffe he will himtelf.
For inftance , No man could formerly bee admttted to
the Mmiflry in our Church, unlefle he fabfcribed firft to
the Articles. Liturgie, Canons, and Turisdi^lion of our
G 2 Church;
Church: And though there were a great contradi&ioH
bccwixttheArminian Epifcopall and Calvinifts opi
nions in the matter to be iubfcribed, yet they all con
curred in this, that they might lubfcribe in this fenfe,
Firft, thac they meant not to dirhirbe the peace of the
Church for any thing contained either in the Articles,
Canons, or Epiicopall Government^whatever their po-
fitive opinions about them mipht bee. Secondly., That
they thought thofe in a faveable condition who
conform d to the ftricl: fenfe of them. And this they
conceived was al! that was meant by fubicription ;
Witneflk Matter Cbillihgteortb , who onelv writes io
much, but the Doctors and IDivinityProfefTors at Ox-
fcrdiicenkd the printing of it3 and the Arch-Bifhop pre-
fented ittohisMaj'efiy, fb that it palled an avowd ienfe
both in Church and State.
Were it not> but that ufarping Princes have Ib
being once by their u-
Why Penclties furpations ingaged, they cannot flop
til] they have acquired all they
fecuri til] they have acquired all they aimed
"S ties for Frinces C at ( ns he did who becatife Rubicon was
(rifhts. >pafr,£V qiiiajacia eratalea, could not
reft till he had iupt in the Capitolj they would finde it a
greater Security to put a penalty upon thofe who Ihould
quettion their rights, then to force their fubje&s to ac
knowledge their pretenfions by this oath. For fuch an
oath may be broke in the very taking of it ; and he who
fcrup'es not to forfeit his oath for feare or interefl, will
difivow any pretended rights whenloeverhe (hall flare
in Lubrico.
CHAP.
CHAP. IX.
Whether in the Violent Changes of fb many
Princes and Governours (as above fpecifi-
ed ) and after the killing of five Royall
heirs and fuccefiburs? the people who then
fubmitted, broke any Oathes of Supre
macy or Allegiance >
$ i. Why affertory Oaibeshave no conditions tofufpend
them from immediate expiration.
2. OfVifpenfation.
3. Of Absolution.
4. Fa Ife fuppo fit ions fo r Abfolu\ion>
5. Ofdi fencing.
6. Of the Violation of an Oatb.
7. Of the Extinftion of an Oatb.
8. Of the Solemne League and Covenant its Obligation and
Extinction*
9. Of the Extintfitn of tbe Oathes of Allegiance and Su
premacy.
0 o. Wee can foeare nothing fimply neceffary.
1 1. Whether the Oath of Supremacy inferrs that of Al
legiance.
12. The Negations offupreme rigbt.
13. Plenary PojJeJJion tbe condition of Obedience or Alle
giance.
1 4. 'fbe Oatb of Supremacy containes nothing of Tojfi-
live right.
15. T'be Various acceptions of tbe word Lawful!*
% havebitherto treated of thetyeand making of
an oath, now wee will confidcr the various
C3 wayes
(86)
\vayesofitsfblutionandending, Wh«efore after ha
ving fhownethatthe Packer Obligation of a promife,
ana of a promiffory Oath is all one, that the Penalty
of it relates onely to our future feare, and to the time of
breaking it, not to the time of our holding, to it; That
tacite conditions are innate to all Promiffory Oaths,
of which they are the life and death. So that when a
man hath endeavoured all his Morail (not his naturall)
pofTibilicies for fulfilling fuch Oaths, and the product
comes out different from his fincere -intentions, which
he had at the beginning, he is absolutely freed: And
that the condition of a State Oath is even in the fenfe of
Princes, nothing but plenary poffefsion; I could think
that out of all this there hath beeneenough fay j to {hew
how the People of England in thofe confused and con
tradictory changes of Governours and Allegiances,
vy ere notwithstanding free from breaking their Oaths
either of Supremacy or Allegiance, which I fhall
now further examine and fb conclude this trcatifc
of Oaths.
Oaths ufually are faid to end fbure wayes,
ByVifpcnfation.
3 Extinttion»
4 Violation.
In the examination of thefe we (hall briefely call in
all that which preceded and which may moft glance
from thofe times upon others which may follow
Sett, i. But it is to be noted, that none of thofe
foure expirations relate to Affertory Oaths; For they
being one jy declarations of our meere beliefe of fbme-
thingpaf^withaffurance that we expreffe nothing frau-
dulemlv, they have nothing of Legall Paft or obliga
tion in them, or of transferring future rights to others
upon them, no more then when a man by the way of a
Narrative tells either a truth or a lye.
Thofe foure expirations therefore are only of Pro-
2fcifTory Caches •; So that having found their relation
we
are
J:
wee (hall the eafier defcribc their natures.
2. DISPENSATION is whenin aPromif-
fory C ath the Principal! voluntarily waves his pare of
right, after which the promifTor is freed from giving
what the other will not take., but remits back again,
Becaufe God can wave his pare of right in promises,
or promiffory oathes made to him, therefore if they be
made in relation to /acred things, from thence the Pope
onely who ownes himfelfe to be the very mouth of God,
andtohavethatfpiritof his Collectively, which is gi
ven to others more diffufedl y , pretends to difpence from
Gods part of right, and thereby to put an ena to, if not
fulfill fuch on Oath with fecurity to the fwearers -
3. ABSOLVTION is where two fwearers
wave nothing voluntarily themfelves in their mutuaU
rights, but a third per/on which hath no part in rhe
Oath, and hath fupreme power over, and right in the
pedon or perfons fwearing, and to whom the fwearers
nave more principall obligations, then they can have
to one another, pretends by the intei pofition of his great
Authority to feparate and loole both fwearers, /o as rhey
x {hall be fecure likewife from any penalty mentioned be
fore in their Oaths.
Thus in Numbers 30. the Father could not £> pro
perly difpencc , as abfblvc his Childe from the vow -'for
the Parent had greater right in the Childe then the
Childe had in himfelfe, or at leaft in the actions or
things which the Childe pretended to do or have. Thus
the Pope againe by a fuppofed vertue of eminent Autho
rity pretends to abk>l ve tho(e who yet would not be un-
tyed, as when he oft undertooke to diflolvc the relati
ons bctwixtfbme Kings and /bme People.
4. But as this hath feverall wrong fiippofitions, fb
ham itfbme very repugnant to the right of his Autho
rity. For he fiippofes'two things true, which are ex
tremely falfe.
Firftthat all Oaths relate to God, not onely as a
witnefTe, but alio as a party, in a mans giving himfelfe up
to his wrath by the way of Penalty : whereas God may
G 4 ro
(88)
be attentively invok'd by atteftation without impreca-
ption, Io that there is no right to be freed from in iuch
a caie.
Secondl Vjthat the Penalty of the Oath due to God is
part of the Promt fe pa$:, or tye, and io consequently re
lates to his right of difpofing or difpencing,
5 . In diipenf ation the oath ends by a voluntary cefli-
onof the principal's right; In Abfolution the authority
of a third per/oil intervenes and necef skates both parties
to wave their rights.
6. V I O L A'T I O N of an oath puts an end to it, not
by a natura 11 deficiency of the th ings iworne to, but by
a corruption offraud or force in the parties who fwore.
Thisisthei;;ddeftconclufionofanOarh, and is (as it
were) a death of Murther, yea of felfe-murther, nay
if Credit be given to fbme Arguments, a ftrcke of
felfe-murther, which lifcewife reaches thouiands others ;
Forinthofeconfiisd24 years above mentioned, when
five heires & iucceflburs were kild>wfien one Supremacy
and l.eciance was broken,, tointroduceanother,ibmc
fay the Peoples conferences then were likewife wounded
by the Infidelity of their Superiours, Which becaufe I
den\\ and from thence affert^ that they in thole Changes
broke pooathes of Supremacy or Allegiance, therefore
I pafle from the Violation to the Extinction of an Oath,
where it fhall be particularly handled.
7. EXTINCTIe/N ofanC.athis when the
th ings promiied3of their o^vne Nature (or as the C. -t aw
fairH permajorescafusQitofo $\AV, by extraordinary Ac-
cidents and the power of Heaven receive not io much
Change in their relations, as Extinction, coniumpti-
on, or r as I may fay ) Annihilation, contrary to the
prayers, wifhesand fincere wills of the Promiilers.
In s his wee iee that the deficiency or corruption of
pofsibfe things without us excufes, when there is no
defect or corruption of our wills within us :. fo that fuch
£ii' am cannot he kept from expiring, though it may
be from V iolation, and I may fay, that it goes out like
fire, by extk&ion rather then by corruption, The
of
( 8?)
of (wearing addes nothing fbmuch ro die duration of
Obligation, as the connftency of the things fwornc
doth'.
8 . Two examples for this extinction may be given :
but firft of that which happens in Leagues or Cove
nants made betwixt iupreme Powers of ieverall Nati
ons, and fo as the People of each are likewiie fworne
to co-operate con joifttly, but yet re/pectively by the in-
terpofition of their Ieverall Magistrates, by virtue of
whole authority ihey pafTe (for fomuch as is expreft)
into Vnioncwie with another, and into a6tion agairift
others. This I confefle is a rare Cafe and fuch as
perhaps Hiftory canjiardly paralell with that which
was lately thus compacted betwixt the Nations of Eng
land and Scotland.
Their Parliaments have had great difputes about the
interpretation, & extent of this League,all which Con-
troverfics might compendioufly be reduc'd into this
finglc one of Supremacy, TVbe bad the right of Judging
the other y or of fentencing the bare fcLegleftcn of the
League Nationally, 'toith the Penalty of Kane, feing no
iuch things were in terminis authorized in the League,
and that the breakers of it were left where they were
found, i>/^> in the pretence of God to whofe Judgement
day they remitted the.ientence of all after-fraud, and
fuppoied the Cafes of wane the fame in, and afcer the
League,as were before it, and as arc defind for all the
world in the 1 awes of Nations.
How dubious foever the difiuite may be betwixt fuch
publque Parries, yet fbure^groffc contradictions were
very evident to molt men, out of which private men
whofworeit, may now conclude themielves innocent
ly freed from it.
Firft , that whilft the .Scots argued the breach of
Covenant here^ they really broke it themielves sccpr-
ding to the fenfe of their owne Principles, b^ dividing
the King from agreement here, and the Pen; le one from
another, and by invading the whole Nation it (elfe
afterwards. ThiswasabrQacMofarre froui bebg du
bious
bious, that all the Minifters of Scotland oblige the en
gagers to confefTe it publiquely in their Churches .
Secondly, the fame Covenanters fay , That a
Violation of the Kings Perfbn or rights was indilpen-
fabIyagainftCovena»t; yet they grounded their warre,
and all the Accidents of it, on Covenant. And if by any
of them the King had been kild either in Field or City,
before the iatisfa&ion they calld for, his death had been
violent.yet no:Covcnant had been brokeiyieither (hould
they who had flaine him, ha veanfwered for his blood,
Thirdly they fay, that change of Government is a
breach of League, &yet with them the Covenant is the
iuprerneftfan&ionthat ever was made in a State, yet
made without a King; and is to beofferd, even to their
Kings and others, as the firft thing which determins all
other rights grounded on former I. awes; It changes the
relation and ftation of Perfbns, grounds of Policy and
Oathes of Supremacy and Allegiance, and calls for
lives and Eftates to preserve the Covenanters in any
forme, and in any oppofiuon againft any Perfbns. As
it was made, fb it is cftablifhed without Kings and a-
gainit Kings. The Kirke by their Declaration of the
27. July 1649, ftate the fupremacy of England in Scot-
Imd, requiring/?, ii. n, Tnat their King after his Co
ronation aflure them under his Hand and Scale, That
Kcwilleftablifh Presbytery, the Directory , Confefsion,,
and Catechifme, as approved by their Kirk, in all his 2)0-
and that he will never endeavour any change
.
The fourth and lafl Contradi&ion^s. that feeing the
Covenant hath beene more then fraudulently broke by
that Nation, fb that the obligation to the Covenant qua
Covenant or Nationall Pa&is diflblved; and that we
allsranttthatNationall 1 eague ou^ht to be obiervd^
in all points conjunctively, otherwi/ethc Violation of
cne part puts an end to the whole, as he who in Gods
Covenant breaks one Commandement breaks all^ yet
sither thro; Jgh pafsion or policy, they would have thoie
who took it in private places *nd callings underfiand
that
(91)
that they are eternally tycd to it.
Out of thefe Contradictions one truth comes clearly,
That this oath or League of the Nations is at an end ;
andtheMagiftracyof which Nation focveritwas that
guiltily broke it, and put an end to it by Corruption 3 1
am (ure the people ofprivate callings wno tooke it, arc
thereby innocently difchargd from it, as a thing dead
to them by the way of Extinction, and which they
could not hinder byreafbn of their private Capacities.
J uft as 30. K«w. 16. where the Child vowd and (wore
the fame thing with the Parent, but was free from break
ing it, if his rather violated it, and would net have.it
fulfill'd; iii which cafe the Father is charg'd with what
wasamifleinboth.
Now I (hall more particularly examine what I before
promised in the Violation ofan Oath, T^. Whether the
people of thofe twenty four yean contradictions of Suprema
cy and Allegiance, brof(e either.
9. Here I aflert That the people who are for the moft
part paffi ve, and feMome a Con-caufe of their own efta-
bli(hment,though falling into, & neceflariiy giving way
to great changes,, yet break no Oaths of Allegiance or
Supremacy , what ever the other publique pan of the
Kingdome doth as a caufe of it.
For both thofe Gathes are Politicall ties , but witla
fevcrall knots, That of Supremacy is moft Ajfertory,
without obligation orPacl:, and is (Declaratory only of
fomething paft, and therefore is at an end , quatenits df-
fertory, fo fbone as faid. That of Allegiance is more (Prc-
miffory, and therefore cannot poflibly DC without the ha
zard and expectation of a future condition to fulfill it*
Neither one nor the other are a&s of fcience , because
not of things neceflary, butthe4^rfor> relating toan-
cienc Compact, is an ad of Faith s depending on the
'Probable evidence of what is paft ; and the 'Promijfory is
an aft of Hope, relating to that which is pofflble and to
come.
10. For it is to be well heeded, that we never fwear
any neccflary things in PrOiUiflbry oathes, becauie to
us
us and our Actions there is nothing neceflary. We
iuppole a continuation of the force and courfe of'Nature,
and confequently make the rifing of the iun to morrow,
neceflaryjyet there is a great deal of difference in fwear-
ing to give Semproniu* a hundred pound if the fun rife to
morrow, and to give him lo much to morrow, if the fun
rile to morrow : For he or I may d ie, or the things in Con
dition may poffibly, though not probably change, &c.
Forthisreafbnwemayi:afelyfay,Triatif by the ap-
pofition of fo fcarfull a Penalty in the Oaths, we can le-
cureour felves from fraud in the prefent a& of f wearing
eith er of thole Games, that is all we can be fccure of:
as for the reft which we hope may fulfill one of them,
it is neither neceffary nor poflible for us to reckon up all
the Circumftances which might afterwards happen to
perplex the futuriti on of thing promised, though it felf
be pofiible.
ii. In the arter Additions it will be proved that
Protection infers publique obedience; In this Chapter
it fhall be examined, Whether the Oath of Supremacy in
fers that ofMlegiance > which is as much as to fay, Whe
ther my (wearing or Afierting the particular right of
fuch a Perfbn or Family, obliges me never to give pub-
l.que obedience to any buthim or them i
If we will underftand Protection to be the fame with
Supremacy, and Obedience to be the fame with Alle
giance , then there is the fame meafure of Inference
from one to the other.
Ob. But it may be obje6ted3That there is as much dif
ference betwixt Prote&ion in thatfenfe, and Supre.na-
cy in this, as 'is betwixt Might and %jght : whereas
the matter of Rk'htis the only thing in the Oath of
Supremacy, and from the Evidence and Unity of that
rkht, we may know our particular Allegiance, the ad-
miflion of that one right but in one perfon, being the
neceflary exclufion of all other pretended rights in all
other perfbns.
Anf. Sett. 12. Foranfwer, IfhallfTrft fee Negatively
what kind of fupreme right every one grants this can
not be. 2. It
C?3)
Firft, it is not a right held out to us by divine or un
doubted Evidence.
Sccondly,It cannot bea right of Pachas the peopleof
this ase pleaie to fancy or make it.
Thirdly , it cannot be fuch a right of die prefent
Prince or his PredecefTours making, unlefs we can icale
up bv the degrees of Ib many preceding perfbns,, as reach
dirt&ly to the Family which was original! , cither in
birth or Pa6t. For I fuppofe they who io fcruple under-
ftand rigbty asitisoppos'd to Injury , againit whom-
foevcrand whenfoever: andiffo, then no intermedi
ate injury can this way be made a Caufe of a clear con -
fcienuous right in any other Commanding perions a£
1 terwards , no not by the Quantity of timers is exprefle-
ly proved in the following chapter of Prefcription.
Laftly, it is granted, that fuch Oaths of Rights can
not oblige to Morall or Naturatt i>jpoffibilitics, fuch
as istogivea6tu;ill obedience to none butthofe (who
for ought any mortal! man knowes) may never be en
abled actually to Command : This were to require a
man to fubjeci or put himfelfe under one , who is not
over him. If that which is declared a right, be not fo
before, no mans declaration of it as fuch, can by a mi-
ftake really make it fuch to himfelfe, nor oblige to the
Conic quences of it as fuch.
Wherefore I fay,That Obedience muft now be conti
nued upon fome other Poiitive right, which I here leek
afcer., and fuch a one as will fiand a fixt and perma
nent rule for all lawfull Allegiance or O bedience.
13. We all come thus n? re, and confefle that there
is a Condition innate toali Promiflbry Caths, and by
conlequencctothatof Allepjance; And by the prece
dent Negatives of right, we can finde it no where but
in Plenary pofleflion, which likewilcis very much fa
voured by the intent and fcope of the faid Caths.
14. The words of the Oath of Supremacy point only
at a Negative right, and fhew who hath riot fupreme
right, 1>i%. neidierthe Pope, nor anv forreigner ; and
the reafbn of that is cjeare, be^auie no foreigner can be
prdum'd
C 94 )
prcfom'd to derive a right of family over this People,
as others of our own Country and cohabitation may.
Thoie words which relate to the perfpn governing,
cxpreffe nothing of right but only otfatt, Vi^ Thac
•we declare him to be the iupreme GoVernour, by which
I conceive is meant PojJ'cJJour. The word Lawfull is
ufed no where in it, fave where the prefejit Governour
fpeaksof hislawfull heir? and fucceflburs, and not at
all concerning his Latofull predeceffours 3 to whom he
was a lucceifor. King He nry 7. ( in the 1 aw mentio
ned at the end of the next Chapter ) gives the reaibn of
this, it not being a thing allowable for the People to ex
amine Princes rights, 01 toinformethemielves of trie
j'uftnefleof their Quarrells. Queen Mary, and Queen
£li% : in their A6ts of Recognition , confirme their
rights by that only of their Father, higher than which
neither of them goe> and mention his Authority as «i'^
by him , net received from others in Title. To fhcw
farther that this is no contrived interpretation , it is to
be noted that when the Oath of Supremacy was refor
med C i. Eli%* and 5. Eli%. cap. i. ) there was a P ro-
vifo relating to Admonitions of i. Eli%. 1559. con
cerning the fenie in which every man was to take the
laid Oath> In which the Queen accepted it as fworne in
oppofition only to fbrreigne prctcnfions, and (as the
words are) due to I(ings and Queens pojftflours of the
Cro'tonc.
It were repugnant tothatmaine Politicall condition
of Government , if in an Oath of Supremacy or Al
legiance it fhould be inferted, That the prefent GoVer-
nours right /hould be acknowledged only as receiVd from
his la^jull predeceffours.
15 . Wherefore Lawfull in King Henry the 7th. time,
lirnifjedno more then thclupremacy of the Kings pow
er being in pofleffion. In Queen Maries Oath of Al
legiance, the word £<*"»>/«// was applycd only to Heirs
and Succeffoun, and figuifyedonly a Linealland Na-
tunll Legitimation in refpedt of the private marriage
of her Parents, as thole iucceflbrs were no baftards;
not
(95)
»ot lawfull Civilly, in regard of their lawfull publique
marriage to the Body politique, according to ancient
and originall Contract, whereby they the fucceflburs
appeared be no ifTue, either of a Rape, or of thofe who
kill'd any former Hnsbands,as five heirs and fucceflburs
were, in the 24. years time here premis'd.
It may be laid that the Oath of Allegiance is more
peremptory, and (wears us to declare the King being
to be the Lawfull and rightfull King, &c.
But feeing the words Latofull and rigktfull here, can
not be undcrftood contrary to the former Negative ao
ception of right, and thatPoflefsipn is the great Con.
ditionforour Obedience or Allegiance, there remaines
then no other fence for thofe words, but that they be
underftood thus, Vi^ That we know none who hath
acertainerright ab origine then the King being. And
that this rirfit muft needs be a comparative right, appears
by the validity of that right in fupremacy which they
lay infers this of Allegiance 5 wherein the prcfent
Kings right was immediately put in counterballance to
a Forreigners, which was to be ejected as ufurped;
Vid: Acl: for reftor: the Crowne. I. Eliz.
How farre a man hath ri^ht to obey thofe who may
not have right to command him, ifpofTeft by them, is a
queftion of ibme reflection here, but {hall be treated in
the Additionall Chapters.
Thus much concerning the nature and harmony of
oathes . Now it remaines onel v to fpeak to the toft aiffi •
cuity of this fecond part, which is —
CHAP, X.
CHAP. X.
Whether upon the iffue of a War and the
expulfionof ajuft party a man may law
fully givehimfelfe up to the finall Allegi
ance of the unjuft party or no ?' ^
0 i. f be troubles of Wane end not frefently witb the
Wane.
2 . Wherefore A ftrift government is necejjary for tbofe who
conquer in & Civill Jfiarre.
3 . Woerefore We cannot (wear to obey none butfucbor fucb
Governours.
4. tFoenmayamanjudgefticbafartyorplaceto be con"
quered ?
5 . What conqneft or acquifition can never be juftified.
6. Of Ferdinand King of Naples bis Cejjion.
7. Of tbe Society of mankjnde.
8. 7 be cafe of places takgn on Frontlets*
QYa reflexion on that which hath been already ex-
"amincd, this laft Queftion may iee;ne ro be bat a caft-
ing up into afumme^all that which is gone before. Phy-
fitians to adjuft their remedies aright , conlult the time
pa(t , prefcnt and future ; and fb ftould we in all thefe
cafes, if that which isCivill had but as Uniforme Prin
ciples as that which is Naturall. For if a peremptory
auent be demanded of us in a matter which hath con
nexion with the time paft, the evidence of that depends
only on the credit of ignorant or diiguifed Hiffories,
and not on any which we durft peremptorily lay cannot
mifinformeus.
Segniitt
SegniM irritant animos demifpiptr aurem
%uam qu# flint ociditfubjedAJifciibi
Ipfefibi traditfyetfator. Hor.
The rime preicni is governed by the wils of men, which
are myikrious one to another, nnd are io coverc and Icr-
pentine, that they who fit in Council 1 together , rarely
penetrate one another : As for the future \vhich relates
mainly to this Queftion, thac depends fblely on his Pro
vidence , fyho never tooke humane reaions into his
Couniell, and for the.moft part produces events con
trary to, or beyond our hopes arid machinations.
H ei e therefore we mutt in ppoie an unhappy War, as
unhappily ended, and according to the variety of hu
mane condition, that the uiurpin^ Prince rides now in
his Triumph, and that they who follow , if they doe
but figh, fhall be pumfht , as if they intended to be
tray their Countrey ; fo that now there remaines no
thing to be done, lave that Ins dandum ejlfcelen. All the
Usurpers pretenfions are to be avow'd, and nothing is
conceal'd which the power of the place is able to make
good.
Sett, i . B ut though the Wa r be ended , yet its troubles
and miicries d©c not fo ioone ceaie with it :
Qclla mol'ft C!ip£its3 (teg- armu a,rmaferuntnrt Ovid.
Waves afcera tempcftareobicrv d to rare^ though the
winde which raifeJ them be downe, and t'loic rcf I ali
ens do nor fn quickly urice in a calme peace, asro make
the Sea prcienclv become Heavens looking-s iadct/wfcr-
fecto Piteiljo bellum magts dejierat, quampax ciefqrjt* Ts c.
The Ufurpers relblutions towards the winding up of
nil. are naturally fbrioufeft ; and r^ood lealon too ; for
juftice here allows h m to be leverer for peace » then he
was for Warre. That his dangers might not beinfini;e,
he is oblig'd to pull up the feeds of War; otherwise
inftc ad of taking it away, he would but defer it. '
2. Civil! Warre j's naturally more fubjecl: to the/e
rigours, then other Warres : Brcmfe thev who yeiter-
day were Enemies, would be infiabitants al wayes. The
conqwerourfufpeds that thefe will be the tirlt infiiagers
H ' of
(98)
of his new Lawcs ; the violation of which ought at the
beginning to be fevereliett cenfured , as of dangeroufcft
confequence : according to which reaibn, God himfelf
gave icntence of no lefle then death on a gatherer onely
of iticks, immediately after the promulgation of the
Sabbath ; and Ananias and Sapbira s hrii: hypocrifies
and mock ings of the Holy- Ghoit were rewarded with
no lefle then fuddain death ; though now aday es the ii ke
be ordinarily done withput immediate ientence. Where
fore for thelereaions though the llfnrper thought not of
cfhbliiihing himfelfe in anabfblute Jurildi6tion , yet at
lafthe wiilfindehimielfe oblig'd to iecure hisconqueft
by the fame meanes he obtained it. And 'Dido gave Mntfts
the true reaibn of the fame cafe.
^es dura & regni ncftitat me talia cogunt
Afoliri,&late fines cuftodetueri. Virg.
3. We jfhould be exceeding happy, ifinthemidft of
thefe Jmbroyhnents we coulci now know Gods decree
concerning the Princes and Govcrnours which he
would ha veraigne over us, as certainly as the ancients
did by his revelation and Prophets. Yet though we
know not fo much, this we know afluredly , That the
great changes of Government happen not by chance,
but by order of the moil univerfall caufe , which is the
fountaine of Dominion. God's Image in Adam by ma
ny Divines isundedlood to have been his Dominion
over the Inferiour Creatures of the world,and fincehim
wefinde that none are call'd God's but Magiftrates;
For they like God are moft known e by Commanding.
It's obfervcd that Afofes in the firft of Gen. names God
fimply without any attribntei but in the fecond Chapter
after the Creation was finifht , alwayes calls him <Domi-
mtf ftcus ; hereby expreflfing his right to order, what be
fore he had produced bv his efficacy. From hence we
can well conceive why God iayes., $y me 'Princes ratine ;
For the governing ^o^ers ^hicb are, are of God. God hath
declared that he will chaftize and change Princes and
{Dan. 4. 32. \ Governours ; and though now we may
PAK 7;, 7. j doubt of their Families and pcrfons, yec-
when
C?9)
when we fee the changes and chafrifements , we maybe
/ure they are by Gods order, yea though the invading or'
fucceeding Govemoursbe like lebu, Ntbucbadne^ar,
or thole who fhew us a fevere though a fecret part of
Gods Juftice. Wherefore it can be no leffe then finne
in us 3 or treafon againft God to fwear we will never
obey any but this or that Prince, o,r State, or any but;
of fuch a Family, or to think that none other fhall raign
over 'us but fuch. For this depends on God s Prov iderice
and Juftice, which lets the bounds to the duration of
G o vernours and G oyernrnents.
-fiiperat quoniam fortuna, feqwtmnr,
Quo% y>ocatl>eitamus iter. Virg.
Quid quifa ritetnunquambomirtifati*
Ciwtum ejt in Bora* — Se d improl'ifa
Vu rapuit rafietq; gentes. Hor.
We are bound to owne Princes fo long as it pleafes
God to give them the power to command us, and when
we fee others pofleft of their powers, we may then lay,
That the King of Kings hath chang'dour Vice-Roys :
but then the difficulty will be this.
4. When may a man rightly judge the iriVadour to be in a
full pojjefion of bit coaquejl y
This is confiderable in regard of the time w'hen wre
are to give our felves up to a new Allegiance : For an
Army fn a Countrcy doth not ftill poflcfle it, becauie in
few dayes it may be repuls'd againe. Thus Hannibal
though he quarter d about 9(flwff ,* yet the fields wherein
he quartered were fold in the Towue at as high a price as
before.
A place therefore is judg'd to be in full poflefsion,
Firft, When it's 16 held that an other power as gteac
as that which holds it, cannot approach it without great
danger.
Secondly, when there is no probable hopes o'f reco
vering it. Thus of a fhip ( which isamovcable ) the
pofTefsion of twenty fourehoures is a Title in all Admi
ralties- becaufe of the improbability of recovering a
thing fo hard to meet with Ea dejinwt noftra fffe qu* no
li 2 ftnqp
(IGO)
ftram pcrfecutiomm & recuperationem effugiunt , & qu* ex
feipfs non bobent animum redeundi, f. de acqui. rer. dom.
"/. 44. Thus the J ewes were to obey and to pay tribute
to the Romans when J eruialem was taken.
Thirdly, when the partv overcome doth by fome acts
acknowledge the Invador for the fupreme, Thus the
.Senate could plead no excufe for C*fai s murther, whom_
themfclves acknowledged fupreme after the iuccefleof
his armes,
5 . Yet there is one kinde of ufurpation , which by no
pofleffionor prescription cm ever become lawfuil, and
aChriftian can never fubmit himielfe to it, without
wounding his conscience and faith. For it is that which
is founded in impiety and blafphemy ; and vet would
be fore t upon us , as by Gods order, and bv title of
true Religion* Such Invaders asthcfe though they may
fticcecdone another, yectheirlucceilion and poflel?KHi
cannot legitimate any, becauie no prelcriptien can run
againft God, As this authority is grounded in the depth
of all impietv , it pretending a juriidi6tion both in hea
ven and hell ," body andlbule , fpintuallandtemporall
rights ; ib to ahift to introduce it into any place, can be
no Icfle then the height of treafbn, both ngainlt God in
heaven, and his Vice- accents on eanh : for thereby it
is endeavoured indirectly, and by jult coniequence to
alienate and transferre all Soverai^nty to an Idola
trous Pricfl ; and an aisifiing to the maflacring of thofe
\vho are not of his Idolatry.
Fourthly, a place is fuily podeft from the juft Prince
or State, when they become private perfons , and ib%
lubjeileci to the power of another Magiftracy, \vhicii
theCivill law calls, dimmtztioca'oitx, oracivilldeath.
In this cafe they who were formerly their fubjecte need
not now icruplcas if rhey durltnot doe this or that, as
bein,^ ignorant whether their wils diipence them of
iiich or iucli duties in order to thcr riehts, For it
is to beprefurned , that the expcll'd Princes or Senats
wils are, That they would not have them hopelefly
begin the miferies of a new confufton for them : It is a
bad
(101)
bad way of remedying an eyill , by renewing it with
out any hope of recovery. When the cafe is thus, they
ought to let the people en joy , Tuta & prafentia, ancl
forget Cetera & pericuiofa. If their fu bje£ts were i ure of
their wils, and as fare, that by their owne powers they
could refiore them without an universal! calamity of
their Kingdomes, then their endeavours were more rea-
lonably due to them. We have not now Gods revela
tion for the particular events of things , wherefore we
a;eexcufuble if we confider the probability of the
meanes: Cur Saviour would not have a Prince begin
a warre with loooo men a.painft 20000. Be/ides eve
ry thing i>more favorable for peace then for warre:
And to whatpurpo/e is it to take part with thole who
are as it were dead, again/I them who are alive i The
law fuppofes a womans husband to be dead, quando
wortuaift /]>es eum retifendi, and for that reaion (he
may then 'tranfire ad alia T>ota , thongh he be not then na
tural fy dead. And if poflesfion was reallv the trncft
evidence to us of their rights, then k is equitable to fol
low it ftill, though it be perhaps in a perfbn of more in-
jufrice then they were.
6. As the goodncffe and prudence of Ferdinand King
of Naples was admirable in this cafe, fol fliall faith
fully tranflate it , as GMcciardin fas it down.
Charles the eighth of France invaded Italy npon a pre
tence to the Crowne of Naples ; Ferdinand was newly
come to the Crowne, but unhappily fucceeded two,
who by excefleof tyrannv utterly dilobli^ed the people,
fb that though he was a Prince very debonair of hirn-
ielfe , yet the remembrance the people had of the former
mif-governments , together with the cowardiie of his
Captaines 9 afforded him no other newes, then the dai
ly lofle of Armies, Townes, and of whole Provinces,
even to the gates of Naples it fclfe ; whither Charles
was now advanc't without having fb much as dii-
chargd a Piftoll. And becaufe Ferdinand found Na
ples," and the Countrey behind c it, halfedead already
with fcare3 and ready to revolt, he refolvcd therefore
H 3 not
(102)
not to expote them to mine , by ftanding out perhaps
only a little while for him : Wherefore he fummon d
all the Nobility, Gentry, and prime Citizens to wait
*f or. him at his Pallace ; to whom when he had be-
ccwaild firfthis owne undeferved calamities, and pi-
cc tying thofe of his lubje&s , who let themfelyes be de-
cc featedfb eafily by their fears ; he then advis'd them
ff to fend to the French King for the beft conditions
" they might get for theic owne prcfervations. And
Ci that they might doc it without any ftain of honour,
Ci he abfolv'd them freely of all oath and homage : And
c" fbt his owne part told them, that he was rdbl v'd not
<c to wraftle with,but to yeeld to his fate, rather then by
''trying to ftand out after fo many lories and misfor-
" tunes, to be an occafi on of the mine and pillage of his
<<cKingdome, whkhwasan effc6l contrary to that end
cc for which he dejfircd to be their King. But if the mif-
cc government of the French fhould make them defire
*c hirs return, thathewrould indeavor to preferve him-
Cf felfein Sicilr , whence he would willingly return to
f expole his life for their better condition.
H ere was the true duty both of a man, and of a King ;
yea the Action was more then Kingly : For to lay down
aCr-owne is more Majefticall then to vveare-it. It is
only from glittering Thrones, whence the dcfcent is
no: eafie : fyges enim de tanto culminc non defcendunt*
imo deturbantur. Though other places in the like or
worie condition have not fb cleare a Declaration of their
Princes and Governours wiJs , yet the fame is to be pre-
fumed from them, rather then that they fhould occafion
a fruitle(Te and a calamitous confufion in their bchalfs :
For he who fpits againft the wind, /pits but in his owne
face.
7. V Ve fpeak /bmetimes of the fbciety of mankinde,
and of a morall continuity , as if all the world were to
beconfidered but as one Common-wealth, as indeed
it ought fb to be : But our practice in this belies our rea-
fon, eipecially when we refled on the diftindtions or
feparations oif Kingdomes 9 and examine by what
ground
ground of rca (on Princes pJea&res fhould oblige thole
who live on each fide of a fimple R iver ( which divides
two CrowncsJ to doe no afts of humanity one for the
other. We know there is a confanguinity betwixt all
men , by which we are bound to keep the faith of men
even with heathens as weli as with others, moralia enim
non tollunt naturalia : io that it is pitty to fee fbme Co much
libertines, that they thinke they cannot doe a Ttirke,
Jew, Intidell, or any one of a Nation , againft which
warre is declared, any wrong: whereas the metall of
- the coine is the fame, though the mfcription differ.
8. But to approach nearer to this particular cafe : Up
on frontiers all men are moft ftri&lyoblig'd tothede-
ftruition one of another , according to their feveraJI
Allegiances: yet it happens daily, that by ficges and
other extremities , Towncsarc reduced [to the jurifcii-
6tion of thofe to whom they were fworne not to fub-
mit, buttodeftroy: This is not all; for upon their fur-
render they muft (wear to deftroy thofe whom the day
before they were fworne to preferve. In fuch cafes the
Prince to whom they were firft obliged, releafes them
of all imaginable duty to him. For he cannot expert
that which is impofsible for them to doe, !>/>. a&s of
former Allegiance to him. If afterwards he taxe any of
them, he looks upon them not as tray tors or revolters,
but fuch as bv the Law and necessity of warre, are of
the iame condition with the reft of his enemies iiibjecls.
The reafbns which juftifie fuch particular places, jufti-
ficamoreuniver(all; fiich as are whole Kingdomes,
which are made out of fuch particular places , and are
fubjecl to the fame fate and necefsity of wane, to the
fame confusions and revolutions of Governments, and fo
to the fame oppofite Allegiances.
But I fhall conclude this A rgument with that pruden t
Jaw,which concluded thefe contradi61:ions & revolutions
in the Perfon of Hen. 7.35 it is recorded by my Lord Ba
con in his Hiftory, P. 144. That law was rather juftthen
Leeall, which did ordaine, Thacno perfon which did
afsift the King for the time being, in armes or other wife,
H 4 (hould
(
fhould after be impeached tlirfore, or attainted either by
thecouneofLaw orby A c;t of Parliament: But if any iuch
/ct of Atraindordid'happentobe made, it fhould be
voy.d and of none efTe&. For that it was agi eeable to re.i-
ion of State thitthe iubjeil fhould not inquireof the juft-
neffeofthcivingsTitleorQuarrell; and it was agreeable
to good Conicience that ( whatever the fortune of the
War were) the Subject fhould notiuffer for, his O bedi-
ence. The ipirit of this L aw was wondrous pious and
Noble ; being in matter of Warre,likethefpiritof fiabid
in matter of plague, who faid, If I have finned flrikc
me,, but what have theic fhcc pe done ?
<Pa) ceprecor Ptean, & tu tteponejagittas,
ISLUpuerifaciunt) ipfam cor, finite nutrem.
After all Titles and arguments both of the fword and
of the pen, the K ing himfclfe adhered moft to this Title
of plenary pofleflion.For he had bin long declared an E-
ncmy and a banifhed man. And for the entailing of the
Crowne, he would not have the A6lpend by way of
(Declaration or Recognition ^ right, nor by a new law or
Ordinance, but byamiddlewayofEffyblifhment, &;
that under covert and indifferent words, That the inheri
tance ofthe Crowne fhould reft.remaine & abide in him.
AndbecauietheKins was attainted, the Judges de
clared, That the impofition of the Crowne takes away
ail derc&s and (tops in blood, and that from the time the
King affumcd the Crowne, the fountaine was cleard,
and all attainders and Corruption of blood diicharged *
CHAP. If.
Of the Original! of Magiftracy and Govern
ments inihe State of Nature., Patriark or
Gcnarcha-ffifp, and in Hcroicall (eizures.
£ i. Of ike Obfture extraction of tbefirft Kings.
&f S be f beards before King!.
Vominton
3. 'Dominion orCovernnKnt why- it fuppojes no aftuall
Sin.
4. Ibefirft Magifracy grounded in Nature and Patriarl^-
fl> pwbtcb -was Monarchy.
5 . Subjection lo a Magi /irate -why filial! not ftrvill.
6. Our naturall relation to a particular Magi/Irate or
MagiftucVy bow extinft in tbe confufton of Fami
lies.
7. The Civill and Theological! effects off tare.
8. Tbe prejudice efour Namr/ill rights and' freedoms
9' Inequality of force, that is Potency and Impotency , are
natuTttlly now tbe ground of Dsminion
OK9 af well as naiurali extraction was at fir ft.
10. Of tbe Natural! Hero/a// Government.
!'• Ibt condition ofNaturall power runs even through
all States of Civill cowpaft.
1 2. To AH Aim ferfonall Security VPS lofe mofl of our other
real} rights.
13. No people but tbe Jews were ever ajfured of their Ori-
ginall C&mpatls^ or of the right of obeying and Comman
ding in and after changes and confuftons.
14 Nothing of chance in the revolutions of Govern-"
tnents.
15. In our Subordination to God and cooperation one with
another ws ma) 'fweare to endeavour not to effe&.
" Sett. i. f~\ rdinary people can hardly beleeve, that
vy to derive the Pedegrees of Ilkiftrious
Princes arieht, we muft at laft redire ad wfoand looke
for them as Samuel did for Gods two firft Kings, Saul
and David., in meaneimploy merits, and in obfcure cot-
tagcs^\vho certainly came out of them with as much afto-
niihment at the greatnefTe they were going to>as we now
may be at the obfcurity ihey firft came from,
2. Man in general! received commifsion from the be
ginning to c xercife dominion over all bealts, and creep-
in
ing things over the whole earth ; bat nothing isfaid ab
origins , in what extent either of place, or Power, he fha 11
rule over his owne kind in Generall: For which realon
weheare of Shepheards, before we do of Kings or keepers
of men,
3. Although we may fafely fay, government in it
ielfe iuppofes not actual! finne ; Becaufe it is onely a
power whereby things a're kept in order to acl: confor
mably to their natures, and that God excrcifes a go
vernment over thofe who never finn'd,i>/^.over the good
Angels, of whom forne attend us ; yet notwithftand-
ing the government of man fuppofes possibilities of dif-
order, and provides againft it in different wayes, ac
cording to our different ftates of nature and of civill
fociety.
4. The firft Magiftracy was grounded in Nature,
which fhewes that onely he was naturally a true pub-
Iique Magi ftrate and Father of his Country, who was
a Gemrcba. or Patriarch, and who evidently ruled over
families of his owne extraction, and Cities of his na-
turall generation. In which ienfe we underftand the
fifth Commandement to Ipeak of honouring, which is
of reverencing the power of the publique Parent or Ma-
giftrate* For it cannot be imagined but God provided
for iuch an important duty,as this of obedience to Magi-
firacy in the Decalogue, though it be not named,therem
tcrminis ; Becaufe hethere hath cautioned for a£s which
cannot be done in the iame families, nor by vertue of
the fame family-dri vation : as againft A duftery (which
iaiplyes a re/notenefle of blood *) againft ftealing and
coveting the goods of a neighbour, and reftrayning a
f Granger e/j3ecially of not bearin? falfe witnefTe, which
relates to a MagiArate. But by this we have gayn'd a
great point.
5. For ifwc now would know what the Power, Ju-
rifdi<5Hon, yea duty of a fupreme Magiftrate, together
vvithourowneis, we cannot underftand that to be o-
ther, in the Deca'ogue, then a Patemall, nor our duty
thcrejother then Filial, not (civile: That as a City comes
out
(io7)
out of private families, fothe laws of a State or City
ought to be modelled out of thofe which belong to fa
milies, and he who rules in cither hath obligations of
care and tenderncfle over us^s we are reciprocally bound
dcbito ?ratitudims to render the like to him, with iubmii-
fion and feare to grieve his (pirit, yea, then when our na~
turall power fhall come to be cquall to, or exceed that
of the Parents, who ere we be free, (and go out of his
family,) may have the fupplement offbmcthing of Pa£t,
or Promuefrom us, as ufually there was in the Eman
cipations of fervants.
6. He that will make the Magiftrate facreder then this,
may at laft eafily commit Idolatry, and fall downe and
worfhip. But this is not the ftate which any people
now under heaven are in ; we are all fhuffled and blen
ded together, and they perhaps of the Originall and
Capita 11 families, ferve meanly now to thofe who flept
into thrones but yederday, and are loft in their firft
obfcurity: which not being denyable, the confequencc
ofiunuftbethis.
7. That we ftand not now originally affociated coany
Magiftrate out of naturall duty, but out of mutual! feare,
or forecafting how we need not feare, which feare pro
duced Civill compact as it did religions alio/ According
to the Poet
tfrimus in orbe ^eus fecit timor*
For we of Several families thus depending on our felvcs
( I (peake not of rhe perfons in each family relating to it
felfi, the fbnne not being borne in a free (tate, but in fub~
jection which he owes for coniervation ) we had ( 1 fay)
a right of nature to protect our fclves., which fuppoies,
primary allegiance due to our felves, which therefore in
marriage obliges a man to leave all Relations to adhere
to that ofhis private fa mil ie. And as for theufe of things,
which are for our natural! fufteatation in the world, who
can lay they were not in this ftate free likewiie and com
mon ? which once granted, it will be in vaine to deny
bat that we had ablolute and Supreme right alike to our
private perfons and to alhhings, andhaving mutuumjus
in boch we were fitted for Mutuall compact. 8. but
8. But all this Liberty (upon consideration of peo
pling the world ) was I confefle a great prejudice to us ;
for hereby we were clearly lefc in a ftate of warre, to
make good this natural! free ftate of the world, which
refer'd "all to the try all of force, and not of Jaw, againtt
which no one coald offend.
9. For which realbn we rightly opposed whom -we
would, and as rightly iubmittedtothofe who were ina-
bled with luch a power, as we could not naturally re-
iift, Impotcncy being the ground of Subje6tioa,as well
as Potency is of Dominion ; neither can any reafbn be
given wherefore he who could naturally over-power
another/hould not in this ftate ufe his naturall privi-
ledges tor taking others into his poffefiion. Omnipo-
tency or Supreme irrefiRability is the primacy realon
for the obedience which all things owe to God.
So that Mr. Hobbs his f uppofition (if there were two
Omnipotents, neither would be oblig'd to obey the
other ) is very pertinent and conclusive to this ftbjedl.
10. In thofe times which Biftorians call the Hero-
icall, when Nimrod prov'd the ftouteft hunter, and
Hercules travelled to tame Monfters or ulurpers, the
world was in this fubfeftion, and all things were poi-
fett in this Tenure; and! believe few Empires are yet
free f ; om it in the world.
1 1. The condition of Subjection here, which now
runs through all Governments, is power, which bein^ a
quality^may have more or lefle, and fo be fair from fix
ing any thing in one determinate point , place, or
\perfon; and when it is exercise! againft nature and our
confents, it may as lawrLJly be ilia ken off, as it was
impofed ; which occafioned many (bugs upon Hercules
fiis valour and Vertue. W'herfore Compact was judg'd a
fecurerwav then meer power for the coalition of ifoci-
eties, and for the rule of fv Obedience and Subjection, and
fbrdiftributive, ifnorforthechiete part ©f Commuta
tive J nfiice, and that State is now die bert which needs
l~aft force to maintaine it, and being faftned to a
(late by the ligaments of our owne wilis^ \ve are clear
ly
lyreftrenchtof fo much as we concurr'd with others to
forgoe, and de lure creaturamm rationalium could forgo.
Security or Protection being here thechief end 9 it is
fuppos'd aJwayes that we mult contribute our obedience
and riches fo farre as may beft conduce to the fecurity
both of our owne peribns and efiates, and of theirs allb
who command us, without which contributions., it were
not called Society,
12. To attaine this fecurity for our persons } we
Jofe much of our generall rights^ every new L aw ftill
diminifhing lome decree of them , by bringing us into
a narrower iwing of Liberty. But that which per
plexes all here is, that feeing we are now fore t only by
Accident into the bounds of government ( which is va
rious ) and that according to the wills of the Originall
Compa&ours f which is a principle no way uniforme
but 4iqui vocall, and now to us of uncertaine evidence)
we are hereby in great frraightsto aflureour felves in
dubitably , hoD? farre "toe >baVe made our reflation in
things lawfully and to frbom "toe made them y and ufon
"tobat conditions.
13. All the Divines, States-men, and Lawyers in
the world (how peremptory fbever) are not able by
traditionall learning to fhew any evidence hereof fo
authentiquely and infallibly confign'd to pofterity , as
to warrant any man to take his oath upon it, or on the
confcquences of it, without committing a grievous fin ;
In this point never was any Nation fo bleft from hea
ven, asthejewes., who when they were ready to fall
» ijto controverfiLs , and miftakes like ours, had fre-
.nt anlwers from heaven by Prophets infallibly in~
i sired. When they had a mind to change the Govern
ment, to enter into civill warre. to change a Royall
Family, to reforme Religion , and to difmcmber their
Kingdome ( things wjiich ever were, and ftill are coin
cident to all times and ftates ) they prefently had a
voycefrom heaven to aflfure their actions, and frcurc
their confciences.
i^. This we know by Prophecie in gcnerall,
(no)
that God as umverfa!! govcrnour of the world, will
itill make change of his fubltituted Vice-Roys , yea,
and of governments: men not moving in that flation
by chance this way or dm way, as Pil-mires doe upon
a mole-hill. N-ec tanquam taiiexfritillo temere bucil-
lucltofoentes ; not like dice which come at haphazard
out of the box , and runne fbme higher then another by
the fame chance. Butbecauie there is an 0 Altitude m
Gods wayes ; and that he may ufe the obliquities of our
actions to a good, though fecret end ( jufi as we our
felves may ftrike a right ftroke, with a ftick that is
crooked ) It therefore concernes us importantly to aft
al wayes bona fide, withstood intentions, and fincere
endeavours, for fo much as concerns our parts and
concurrence.
15. After which meancs ufcd , we may rcpole
our fel vcs more compofedly , if the product of out acti
ons come out either befides, or contrary to, our firft in
tentions ; as many times God is pleafed Co to preor-
daine,, though we know not of it^ till it be done.
In this point fbme State-oathes have been very well
advifed, obliging only to endeavour, not to eftecl: :
for the one relates to us, the other to God ; and other-
wife , I pray were not this to undertake to pre/cribe
to God, to his will, to his power? were not this ra
ther to force him to our bent , then for us to come un tier
his? and to prefume we have as much power over
things without us, as over things within us? fych as is
our iihcerity and endeavouring to our power.
CHAP. XII.
Of the Originall of Civill Government in
Confufion of Families.
$ r. How ibs People are alwayes in Political! Guardian-
• M-
2. Wby
(m)
2. Wby in confounded families tbe people muft beget their
Parent.
3. Boxhornius bis illdivijton of Succeffion into Heredi
tary or Patrimonial!, and limall or of rigbt of Hood.
4. How Princes tbemfelves declare tbe right of people a
rigbt of Politicall Guardianship*
5 . How tbe ftaie of a Commonwealth is alwaye* a State
of Guardienjbip in regard of Priviledge.
6. In tbe difficulties and cpnfuftons wbicbare in jure ad
regnum, people bad beft follow Poffejjion as tbe beft
and Orignall Rigbt.
7. fbe uncertainty of proving ancient and certaine
Titles.
8. We bave as little certainty of what was long before
us9 as ofwbat will be after us.
, 1 be difference betwixt tbofe who are naturally inca-
pie of fupreme rigbts9 and tbofe who only are Civilly
fucb.
though it be paft contradiction , that there
no infallible records of the actions of the
world from the beginning, kept any where (afely
and certainly but in heaven,, Co that we here talke but
in the darke to the conicicnces of people, concerning
old Originall Compa&s, sight lines, the certain bounds
of Governments pro bic & nunc, and the like ; Yet in
the midft ofthefe uncertainties we muft allow iome
government , and iuch as either is , or may be equitable
if not lawful! both in refpecl: of the perfons command
ing, the formes of Government in which they com
mand, and the rules whereby we know them to com
mand, and we to aft lawfuil things. The two firft or
derly come into'this Chapter, tnelaft belongs to the
Chapter of Politicall Juftke.
Sett. i. It is an old and a well reform'd Axiomc of Po-
licVyPopttlus fempereftin cura & tutela.A State or King-
dome is alwayes in Guardicnfliip not in iervitude , and
when
when it becomes free , it is rather manumitted then '
emancipated. In the oiher Chapter I {hewed how,
there may be a naturall pener-idon of a civil! State , as '
In Patnarkihip , in which the Father is fuppos'd to be
alive: But here we mult fuppofe him to be dead and-
buried , and that his ofF-fpring are loft one to another.
2. So that in, a place where Fathers of Families are
conifounded together , without fuch a table of Heral
dry as is recorded of the Tribes, when they went to pof-
iefie the Land of Cinaan , there a Kingdome is without
a father , unleffe we would allow one neceffary and
happy monftruoiitv , which is, that the Children be
get themielves a father, that is^ choofeone who fhould
take care of their prefer vatioh r But ncvertheleffe fuch
a place and people are in Curatorfhip or Guardian-
ihip ,and fo ever muft be , and well it is that they are fo,:
The quefl ion only ever was and will be, Who in this Mi
nors expos' d condition ought to execute that office } efcecially
feeing there is no fixt or determinate Tribunal for the fe^erall
pretenfions ftbich are riotent'y made to it "> I anfwcrno par
ticular man ham any right to it of himielfe. The cafe
, ftandsfb here that there cannot poflibly be anv other
Magiftrate to appoint this firft and iupremeCvfnccrof
State ; Ic remaines then that none on earth can pretend
to it but the Minor., or people themfelves • which may
the more rationally beallow'dthem, becaufethecivili
Law con ;es thus neare, that the Minor though he may
not choc/e » yet he mav at leaft refu/c fuch a Curator as
isofterdhim, except in one C.ife, which is very per
tinent , v/^. in a Conrroverfie for his rights and cftate,
and then it is concciv'd very equitable he fiiouldhave
ibme good done fur him, even againft his own peevifli
\vil!/The words of the Law are , Irteiti adoieCcentes
tut atom non ac cipwnt prater quam in lite. Lift. Tit. de
..
But this is not the Cafe ofone people alone : For die
Duke of 3(oban hath left that recorded in his Memoires ;
that when the Proteftants of France had f levied him
their Genera!! agaiaft their King, they garrifon'd (eve-
rail
rail places near their homes, but in remote Provinces
from him , which were moftof them eafily taken by
the enemy; Whereupon they highly importun'd him
to treat immediately with the King. But he jiidg'd not
that a Conjuncture fi t for the reputation of iuch a negoti
ation, and therefore ad vis d them rather to take cou
rage, to flight all garrhons but fbure, and adventure
into the field. For many petty garrilbns tooke up ma
ny men , and much Ammunition , and would require
iuccoursincafeof fie^es, which for fo many, could be
but foiall, and fo confe^uently what ever was fent,
would all be loft. Upon this they reproach't him with
ambition 5 that he would make himfelfe their King,
and that he had his private defignes , all which he pati
ently digefted, till he found a good opportunity . in
.which he obtained them very advantagious Articles,
but concluded this point upon their f rowardnefle , Tbat
be "tobo "frill fe rte the people , mtt/l noto and then doe them
good again/I tbetr o^ne liills.
3 , Boxbornius in his late Trcatife de damnato at<t exuto
3{ege . btfreditario toprovidefurely for the fuccetfion of
the heir, though with never fb much prejudice to the
PredecelTour , or to hirnfelfc when he is entcr'd, di
vides the right of iucceffion into two parts, the one into
an hereditary or 'Patrimoniall, which he calls a right of
Property to the thing into which one fucceeds , and of
all which we have right to difpofe as we pleafe: rhc
other is into a right of blood, and alineall fiicceilion,
only into the place of the PredecefTour, and not into his,
but the firfl Prince his right.
By this he unexpectedly falls into many inconveni
ences.
Fir ft, in juftifying no other rights in Princes, but iuch
as derive from the firft Prince, of which there is no
indubitable proofe : fo that no intermediate fiiccefVour^
( by his allowance ) can acquire any new pretends of
right, either for themielves , or for thole who arc to fuc~
ceed.
Secondly, that thofe perfoas as well as Rights,
I which
which derive not clearly from the firft in compact, can
have no right at all.
Thirdly he makes them all but Curatours, Adminiftra..
tours^r (as he faith the Civill L aw calls ihem)Pfufrtittu-
artes, who have no power to alienate any thing,
Fourthly in the triall of that point, he makes the peo
ple the judges of the whole, eipecially)w notoriisjn quibus
fo/ennitas & ordo juris non requiritur.
1 aftly in making the right but Ufufru&uary , he takes
away his fu:^poied right of fucceflion into it ; by which
he at once levells all that which he fb fairely built be
fore, and for which alone he fo much contended.,
The words of the law are, Licet yfufruttuarius maturis
fruttibus,nonda UmenpcrceptisidecejfeYit^d bteredes ejus. non
pertinent^ fed domino propYietatisaequiruntur. Inftit. lib. 2.
tit. i . Se6t.3 6.That is.althouph the Ufofru&uary fhould
die whilft the fruits permitted to his ufe are ripe, but
not gathered, they belong not to his heire, but to him
who hath the property of the Land. And the realbn of
this law is very obvious, becauie an ulufrudluary right
is but a perf onall rii;ht, and not a right of perfbns deri
ving one from another.
4 But I content my felfe with this, that I finde him
fix the right of Government in this principle of Cura-
torfhip, which anfwers fo many other Queftions and
fcruples of the peoples rights : And it is not an unplea-
fant obfervation to (ee how Princes declare as much in
oneanothers Cafes ; for the King of France in his de
claration concerning the Catalonians and Portugalls
revolts, acknowledged! that the i:eopleof Spainehave a
right of judging the mal-adminifiration of their Kings ;
and the King of Spain during the time of the Guiiard^
League in France, declared as much for the People of
France, that they have a right to judge of their Kings
Curatorfhip: And the King of England by his recei
ving the late King of Portugalls EmbaiTadors, avowd
the change chere made by the power and right of the
people, ju (fat that time, when his Scottifli Subjects be
gan the&me Controveriie \virh himfelfc here; oncly all
of
of them would be excufHfrom allowing fo much dire£t-
ly concerning themielves at home.
5. But if we fay (as fomedo) that the State of the
Common- wealth is a ftateof Pupillage in regard of 5Vj-
"bilege, and that the Minor cannot make a Contract to
his owne prejudice., then we mutt conclude, that the
people may meliorate, and cannot bv any Compact de
teriorate their condition, and it is alwayes prdum'd for
their liberty,, when dangers * re threatned. out of this
principle it is clear, wherefore it hath alwayes been
ziguedthuSaluspoJJJilifuprema'ex. It were cruel! and
unjuft if they who pretend to the Guardian-fhip of the
Minor., fhould alwayes be pleading at his coft and
damage who hath right unto him: Even io ( faith
C De jinebel. ) Grotius ) they were much to be bla-
-^ & Pao lib. 2. > med who wrould alwayes contend,
{cap. 4.Setf. 8. ) who (hould exercife the Curatorfliip
of the people, at the expence of their innocent blood, and
thedeiolation of the Common- wealth.
6. Wharth'-n after all can mortal! men conclude to
themfelves, out of thcicfiifque deque's of the world, out
ofitsconfufionsand revolutions, out of the uncerainty
of the rights of particular perlbns, or bounds of Empires
and places ; out of thole various circumftances, wherby
we are now cimented, as pieces which accident, and not
nature fattens in the lame frame C unlefle it be in re*-
ipeclofthefocictyofman-kind whole nature is not ro
fyznAfcriptus glebce particulari like a Tree or a Rock,
which alwayes keepe one place) what ('I fay) cnn we
concliide,but that we of the People muft be contented
with thofe go vernours, into whofe full pofTefsions it is
our deftiny to fall and this now will appeare to be that
Onginall right, which all of them fay we muft look up
to, in relation to thepcrfons governing. It is held a pood
Maxim that publiquejuftice is defined beft bv the rule
of private, and that the Government of a State is but
the counccrfit of a family, out of which a City derives its
being.
7- But it is to be noted that the Originall right where-
by wcwerefirftftatedinour private rights or goods
\vas meerclv poffefsion.
7, If- 'in this ftatc of the world f which is a Rate of war)
Princes (hould not be o wn'd by this title.according to the
confequence of'Soxbornius his pofitior^they would hardly
run a direct line upwards to any cleerer pretenfipn abori
gine : and though poflibly there might be originally and
truly a clearer, vet they would never be able to plant
any certitude of that now in the underftandings of other
men. E xcepting only the matter of fait contained in krip-
ture ( for the evidence whereof God hath annext his
promifeofold, andhisip-.rit now.) we have nothing
elie which is pretended anticnt, of which we have any
certainty .Infbmnch that thofe things which were antient-
ly true to others, to us of this age have onely ( as the
fchoole iaith ) T>erita£empropofoionis.,and we can oncly
fay this of them, that in truth we are told they are true.
8. But \\ee know ve'l, that bear-fay ( being
an Equivocall principle) confirms an errour as well
as a verity,, and we have as little affurance of what was
before us, and we can have concerning the ruturition of"
thiaps after us. According lo which ordinary rule we
cafiiy credit their predictions of future events to us, who
can divine the fecret accidents ofour lives paft, which
was the Samaritan womans.cafe, who confidently pub-
lifht our Saviour a Prophet^ becaufe he told her all fhe
had done in her life before. Wherefore I fee not how co-
herently thole Divms aftirme that the wicked who have
notafavingop^raring faith, mny yet have an Hiftori-
call,fuch fay thev)as the Devils In ve:wcj) is ctherwife,
fortheDevillshavefcenceof that which is to us but
Hittoryand Tradition. They fav\rour Saviours mira
cles, heard his Sermon s, and beheld rum crucified and
therefore may beleeve,& juftly tremble. When the? efore
the pleas of Tides infeverall perlons or families, fhal!
be but as the ogicians fay, Arguments ad homines., & that
we dare fa y no more of them but this, that they are one
only as^oodasanother,lurelywemay beexcui'd if in
diis caie we determine by the rule of Equity, thac his is
the
C"7)
the bcft of all, who is in pofledion.
How then can private men lawfully draw calamity on
the publique, by disturbing fuch pofieilbuis ineerely
becaufetheyaredeftituteofanold Originall true Title,
efpecialfy if the lawfull things commanded ,be in them-
felves alike in the govermcnt of both, and alike voyd of
all morall peccancy.
9, The per ions therefore who may acquire power
here, are of a double consideration, either inch as can
^ have no Vocation at all; but are perfbns totally and na.
turally excluded from publique and fupreineCommand,
©relle they are inch as by unlawfull means oncly pofTelfe
them felves of power, byvertue whereof they do pub-
IiqueA6ts of Government. c fthe fir/1 fort we may
underii and fuch as the laws of Nature in its fimplicky
excluded from Superiority ; of which fome underhand
all women-kind, ic not having beene in Adams power
tofubj'e&himfelreto Eye. WhenaQuecne is married
to ftatc who I pray you is then Husband ? Can (he be
faidtohaveaHufband fuperiourto her? ff. fen. Cons.
Veileii Sett. T. Nepro ulloyneduinprQ Vim 'emirue int e r-
cedant. Namficutmoribus cftilU officia adempta funt fe-
minisjtaidejficiumjnguomnfolum opera nudumque Mi-
nifterium eamm ^efaretur •_, fed etiam periculum m famili-
aris. Wherefore it is but rational! to conclude, That if
a woman may not plead, (he ma.v not judge, un'efle fhc
be bounded by the conioynt fan&ions of thoie, who
participate with her in the Supremacy of rights. For th/'s
reafon we finde in the A 61 of the Queencs pardon. 50.
She dccli red their Pardon by a fiction of
Law, V^. ®> her l(}ngly potoer. Thus in matters of
Religion , Baptifme adminiftred by a woman is not
he'dfacramentall, and that fex is to be nTent in the
pi blique Church. But our Saviour commanded the
Jewes to obey the Scribes and Phases who had eot
intoMofes his -Chair, they teaching that which Mofes
commanded, and for the reft, that we fhould beware of
their leaven. By which we may fee that good things
may lawfully be taken from a bad hand; and where
I? it
(n8)
it may be without confufion, the good commands of
onc^who hath not the right to a Kingdome, may as well
be received as a Foreigners covne may he into anothers
lurifdiftion • and better I am lure then his Commands,
who commands impious things by a good Title.
CHAP. XII L
Of the time for Legitimating new Obedience
after Conf ufions.
$ i. Of the time for Legitimatingnew Obedience after
Confufiom.
2 . The difference betwixt Conqueft and Vittory.
3 . Grotiiis and Mr.Hobbes arguments examiwd,wbere-
by the} would Oblige people tooneflandingandPerpetu-
all Obtdience*
4. Freedom given upon a miftakg wherefore valid.
5. How by a right of Zaele the people among the Jewes
hadarigbtofpunijhingwithout confuting the Magi-
(tratc.
6. Injuries of private irritations beft punijbt by aPub-
lique hand : but Zeale is of Common irritation*
7. Of the woman brought to. our Saviour and tak$n in
Adultery.
8. Wherefore the Scripture forbids usfsfiriclly to ebey un
til led Pt ophets in the Church : but faith nothing of Il
legal I Kings in a State, who may be all obeyed in law
full things. A^. 20.
9. The end of Government the fame in all Governments.
10. King James bis opinion ef fuch a Temper all Obe
dience.
£. i. The
(120)
tuum of the whole land, an^l permit publique meetings
(for the worfhipof God. After which manner; and
in the resignation of which publique rights., T. Li-
t/wlaiththofe of Campania anciently fell into the Ro
man power and jurifiili&ion.
um,dft>irM bumanaq', emnia in ^ejlram rP.C.ditionem dedimus*
2. As for Conqueft different from Vi&ory, I conceive
that to be properly an Heroicall Title 3 not upon difference
of right, and is a meere iubjugation., Though one may
have duration a swell as the other, yet it hath not its
ri/e from any contrever/ie of right, or of Government^
as Victory hath; which controverlie when it happens
betwixt fundamental! parties, muft needs receive its de-
cilion and acquiefcence in an appeale to the fword, there
bein^no Supreme Tribunall here, to judge of thole who
are theffupremeftjtn theexercifeofjurifdi&on.
' Conqueft therefore is an effect of warre, undertaken
both for Dominion, and for the poffeiTion of the whole,
as when William the Conquerer chang*d the Tenure of
publique and private rights: Victory is an effect of war,
undertaken pnely for Dominion, and the poffefsion of
the former power, as it refided in the perion or party go-
verning. Thus icverall of our other Kings were content
to uf urpe onely the rights of thole who were in PofierTi-
on ofthe Crpwne, and to give lawes of greater iecunty
to the private rights and poffefsions ofthe People.
Though Conqueft andVi&ory thus underfiood'feeme
one and the fa me thing to us of the people, T>i%. in their
effe^s and plenary poflefsing us as fubjecl: onely to their
Dominion, yet none will fay, but the difference which is
becwixt them in their cau/es, and in their chiefe effect
/'which is when in a caie of Conqueft every private man
Jofes his eflate) may(Ifay)worKeinusa more inward
acquiefcence to the one, then to the other, which was the
cafe of this Kingdome in the confuied times oFthoie ieve-
rall Kings above mentioned.
3. Mr. Holies andH. Grotins are plea fed to argue
jeyerall wayes for obliging people tooneperpctuall and
ftanding
(121)
ttanding Allegiance. Grotto fuppofes fijch a flxt Alle
giance in a people , becaufe a particular man may give
himlelfeuptoa private fervitude forever, as among the
Jewes and Romans. Mr. Hobbes iiippofes , that be-
cauie a man cannot be protected from all civill injuries,
unlefle all his rights be totally and irrevocably given
up to another , therefore the people are irrevocably and
perpetually the Governours.
To thcie two arguments J anfwer, that what weight
of reafbn fbever they may have at the beginning of a
warre,theyn" gnifie nothing at the end of it.
For both 01 them iuppofe the ryes made to thofeonly
who are in pofleision of us .
Secondly , the cafe varies againe when wre diftin-
giiiih betwixt a iimple and a mixt State, when the iu-
preme power of making and taking a way Lawes
lies divided betwixt ieverall perfons deputed for
that purpofe. The Kings of England were never lo
great, but they had regni Comites, and the people never
ib lo w, but they ihared in the fupremc authority of ab
rogating and making I awes.
4. Thirdly, the yearc of Jubile among the Jewes
caution'd for a returne into Liberty; and it was an old
RomaneLawrin the manurnifsion of Servants, that if
they were once freed upon a cauie approved on when
they were manumitted, ( whether right or wrong it
matter *d not) they could not upon that miftake be ta-
Jken into fervitucie againe, becaufe Liberty is a favoura
ble Cafe. Inft: Tit: 6. Se6i 6. femelautem caufa manu-
wjfionti approbata fi\>c}eraft\>e falf~a,nm retra&etur.
5 . Fourthly, uich a totall relignation of all right and
reafbn, as Mr. Hobbes (uppofes, is one of our morall
impofsibilities , and dire clly opposite to that antient
lus ^elotamm among the Jewes , who though they re-
verenc't their Magifiracy, and their Sanhedrim very
much., yet they conceiv'd they had a right of judging,
and punifhing acls notoriously contrary to the light of
nature and reafbn, without confulting the formes of
either. In which equity Suare%, Pafgues and Gratitude
lu.
T#r. lei. lib. 3. cap. ip.fbfarre concurre, that by the light
of Nature quiatroritermalefici funt, nequeparsfuntuliius
Cfoitatis , a quoits famine puniri poffunt fi jus nature- re-
jpiciamus: 1 hey who are notorioufly impious, and be
long not to any Common- wealth , may be punifht by
any man whatlbcver, according to theLawcs of nature:
j~G;or Jib. 2.~7 One of them only denies , that this
^cap. 20. / common right of punifhjng fuch tran£
grelVours , is permitted to any in a State except the Ma-
gif irate ; because who ever elfe undertakes to punifh an
other, thereby puts himielfe out of his (ration of fubje-
£tion: Befides this right of punifhment belongs to the
iupreme Magistrate, notlomuch (faith he) becaufehe
hath command over others , as that he is fubje»5t to
none himielre ; which reafbn(I conceive) only iliewes,
thacluch an intire abiblute Magiftrate may not him-
ieife beptinifht by any, rather than that we may in no
cafe punifh others. As for that other reafon, if it hath
inch an obligation upon us by vertue of our Ci vill State
and iubje6Hon, then no father might exercife his do-
i^eft:ck Juftice either on his Children, or on his fer-
vants : Neither could it ever have been excufable, that
a husband fhoiilH ki'l his wife iurpriz 'd by him in A-
dultery , or 311 afTaulted perfbn athiefe, according to
an old maxime^ In notoriis folennitas <& ordo juris non
6. How be it, it is 6ut equitable that a publique hand
fhould inflict punifhment in cafe of meum and tuum, and
of private injuries; Becaufe in the heat of our perib-
n-11 paisions we might be too fevereinourowne cafes,
being both Judges and Parties : but if mofi of the
caies permitted to popular and common punifhment
among the Jewes, lure Zelotarum, were fuch as little
concern 'd the difficulties of Meumznd tuum, nor could
be of perfbna 11 irritation m6reto private , then to pub-
1 que pcrfbns, (as in things evidently againft nature, and
the glory of God) then the Cafe evidently chances.
Wherefore out of this f rime principle we fmae,2>^.i3.
aiiii Leb. 20. that if a Jew in the Jewifh Common
wealth
wealth (hould withdraw another from the worfhip of
the true God , to that of a falfe , he might immediately
be carried out of the City 3 and be fton'd by the people:
the fame likewife was allowed againft thofe who were
taken inflagranti, and in unnaturall Ms.
7. From hence' the woman taken in Adultery was
immediately brought before our Saviour, which they
duritnot have done fb confidently, if it had been clear
ly af.ainftthe right of any other Magiftracy; to which
our Saviour did not remit them, butfhew'donlvhow
unfft they were topunifh her for that , which them-
felveswereib guilty off. Thus was holy Stephen put
to death by the lentence and execution of the people*
The familiar practice of this among the Jewes, made
ibmeof the Apoftles caft how they might attaine extra
ordinary meanes for the confuming of thofe, who were
lent by the High-Priefts and Elders to take our Sa
viour : They thought the consequence was gocd , that
if they had a right ?to punifhfbme apparent tranfgreffi-
ons , they had as cleare right to punifh thofe who
would denroy apparent innocence. They would have
fire from heaven ( as well as Elia had ) to confume
the Captaines of fifty ; and our Saviours Qucfhbn to
Peter , was but a tache anfwering another queftion of
his, l^. Wherefore he would not in defence of his
innocence implore the power of heaven, and inftead of
twelve ApolHes , have twelve Legions for his fiic-
cour ?
Out of which, and many other arguments, it is evi
dent, That our Generall and Originall rights are not
totally (wallowed up either in the property ofgoods,or
in the poflef sion of perfbns, neither is all that which
was naturall now made Civill: wherefore that old
L aw was but old Reafon, ^uodpofutus poftremum j iibet
id ratum efte.
After this it will not beamiffeto fee whether there
c not a Theologicafl reafon for our acquicfcing in this
ifefsion.
8. Next to thofe Divine Sermons which our Saviour
made
made on the mount, that which Saint Lufy hath re
corded of S aint 'Paul at Mile turn, is one of the folemneft:
where (like a willing vi&ime going to be iacrificed)
he firtt aftcmbled all the Officers of the Church ofEpbe-
Jus 3 affuring them , that they ffiould never more fee his
face; but that after Ms departure, wolves fhould enter
their flock , and others come in at their windowes :
Though he was carefull to premonifh them of fiich fu
tures as might enfnare their Confcicnces, yet hefpokc
nothing to them in that imbroyld State of the world,
how farre they might conforme to untitled Magiftracy
in their Commands morally and Civilly lawfull.
But as our Saviour left all the world,fb he left them to
the prcfent pofleflburs , and fore-warn'd them only of
falie Chritts who fhould invade the Church by a wrens
title : hefai.d nothing of Kings who fhould fo invade
a State. He bids them beware of the firft, and to op-
golediem with the words of truth: .for the other., he
faith all powers and principles of might come from
God, and that Princes are not all borne fuch; For he
thac brought all Naturall things out of nothing , fome-
timesin Civill things exaiteth the lowly , and hum-
bleth the mighty* Bcfides, earthly Governours (who-
fbevertheybethatin the fcuffle of the world get at top)
adminifter theianicJufHceto the people.
And if we divide all Jufticc into Commutative and 2>/~
ftributfte, wefhallfindc, that the People fet the Pro
portions of the firft to themfcl ves in meat, drinkc , cl oth-
ing , and other necenTiries of life ; and the Magiftratc
iets the proportions of the other, in which diftribution
though we were not defrauded ( by the partiality of
Ufurping Princes) in Honours, dignities and places of
Tcmporall advantage , ^which we conceive our felves
andorhers have merited) y et after all we muft confeffe,
that as Chriftians we are enjoyncd not to prize them,
but to be ready to abandon them , Chriftianity be
ing dejure contented with as little , as they fay Na
ture is.
9. If v.c asLc to what end the Magiflrate is given
•is
f"S)
us/ It is answered. That under him we might lead a.
peaceable and godly life. And why this ? For the glory
of God, and the good of our Neighbour. The Duty of
the Magiftratc then ( in what forme of Government
fbever ) is to itand betwixt us and iuch injuries, as may
hinder us in doing this worke : io that if he be filent,
orab/ent, afteralldifputcs if we performe this worke,
we doe that which we came into the world for; and
further then chis whither can any prefumptuous or in-
terrefted Caluift carry us .' or why will he not allow
-Scribes and Pharifes to be heard in thofc things, which
Mofes did command , and would have ftill Command
ed if he had being in Natute? but rather feeketo put
inares upon mens fbulcs and Conferences j obliging us
to Morall impofsibilities ?
io. If we will take the Judgement of a King in this
Caleof Conicience , King/dwes determined a little o-
therwife for his Catholi^ue Subjects , who by <Paulus
guintus his Brief, by Cardinal/ $ella)-mine and others
were taught, that they might not obey or render Alle
giance to him , an Hereticall and unlawfull Prince,
though commanding things Civilly lawfull : and
therefore they were accordingly difpenc't from their
oathes of Allegiance and Supremacy.
The Kings words in his Apologie for the Oath of Ak
legiance, p. 25. arethefe: c< I ever held it for an in-
". fallible Maximc in Divinity , That temporal! obe-
<c dience to a temporall Magittrate', did nothing re-
" piigne to matters of Faith, or falvation of fbules ; but
cf that ever Temporall obedience was againtt faith
€f and falvation of fbules, as in this <BreT>e is alleged,,
cc was never before heard nor read off in the Chriftian
:c Church : So that <Pitis ^uintus cannot but be guilty
*c of the blood of thole perfons and families , whom
Cf he doth lb wilfully caft away and expofe to ru-
' c inc.
I know not what could be drawne up flrongerin
maintenance of this Areument of ours, then what we
tec received from the Kings owne pen. It will
not
(126)
not be enough here to reply , that the Kingfpeaks only
in behalfe of thole Princes, who are qualified with in
dubitable true Titles, and therefore are upon no pre
tence to be difobeyed : For his words though upon the
molt Logicall rack rrretrh not fo farre : and he was
wife enough not to caft himfelfe upon that difficulty of
jproving certaine Titles ab engine , the other being of it
ielfe, and as they urged it, great enough, y>i%. That
how good fbever his Title might' be ( which was not
queftion'd by the Pope ) it was loft to all Papifts in his
Heretic, and he thereby made to them an unlawful!
Governour. To falye this inconvenience, the King
ipeaks only concerning their Temporal! Obedience,
which he faith was never yet affirm'd to be againft faith
and falvation of Ibules in Lawfull things.
CHAP. XIIIL
Whether Prefcription can give a right or
Title, efpecially fuch as will except againft
our Obedience in plenary Pofleffion.
£ i. ff^b) States attribute the tffetts and not Jbe Caufe
of rights to Prefcription.
2. ifo internal! Court of Conference findes only an Opi
nion of right in Prefer if tion.
3. Why States ought not to be difordered for tbe deftft of
Right in Prefcription.
4. Why frsfcnption may run againft goods better then A-
5, Right not reciprocal betwixt goods and 'Perfons 9 but
only fatwiyt ptrfons and perfons.
HPHouoh the Evidence of Ominall Compass and
•"• rights ftand ac fuch r emote dillanccs from us, that
they
CiOUS
(128)
cions ca/uiits , wcrauftgive our ultimate resolutions,
out of that law <jit* inciditttrnon cere, fed animis, which is
not engravd in Tables of Brafie, but in the Tables of
ourSoules: For the rules of our Lawes tell us, Qua
prmcipio 1>itiantur ex po/l-fatto reconValefeant; and that
Prefcription or Ulucapion (which is but the Lapfe of fo
inuch time ) hath the Power to m ike wrong become a
right, yea to change the Morality of an A&ion, and
turne quantity into quality. Upon the refult of all which
we muft now fay, that inftead of being a right, or a
certaine caufe or proofe of it, it onely makes an Opinion
of right :
3. So that when we have with eagernefle run it
to its end, and finde nothing, we are but in Pompeys
afbnifhment, when after his Conqueft of Jerufaldn,
he had with fiich reverence and Curiofity vifited the
Smttum Santtorumy and found nothing there, Prater
duo candelabra^ fedem^eo Vacuam^ Apaire of Candle-
rticks, and a chaire in which there was no God fitting, |
Yet for all this miftake he would not ( as JofepbtM faith ) I
diforder or robb the Temple which he tooke by force!
ofarmes; becaufethe very Opinion of Religion hath f
fbmethingot Religion ( which made lacob accept of
Labans oath by an Idol ) to ought not we 1 fay, for the
defect of right in prefcnption disorder a rtate, though.
inConfciencewecanonclyiiythac it conteins nothing
but the Opinion of ri^ht, and makes people firangeJy I
forger by what infenfible decrees they fall into extremes
and Contraries,, as into the fame things, whereby won- I
derisbecter taken a way then fin.
4. Here I conceive we may well admit of a difrin-
cl:ion betwixt Gvods and l-erfons prefcribed. Thefe arc
inammate,ever fire from fin; thepaines of Damnation,
and foyes of Salvation belong not to them, and fb
confequently it matters the leffe, ( in every mans judge-
ment)into whofe hands they fall as instruments to be im-
ployd : But it is other wife with Perfons , whom
Princes would irrevocably acquire and rmploy in every
rfiing. For they may b; conftrained eicher by force , or
example^
(•lip)
example , or by fbme other inducement of their Poflef-
fours to loie eternalllife : Neither will a vicious con
tagion diffule it felfe any vvayes 10 potently as thus,
even as water fheds it felfe ftronglieft from the decliv icy
of a high Hill ; Thus we read that ioine K iritis made
all Ifraclltofinne, and that blinde and publique guides
lead others into ditches and the precipices of Hell.
5. Right is not rcciprocall betwixt Per font and
things: For Land hath no right to us, but we to it, and
therefore its (ervitude is perpetuall , according to the
jfirit Dominion \\hich God gave us in it, and over
the Animals which have nothing to doe here but to
feedeon it for ourfervice. Buc betwixt Perions there
is mutuall ( though unequall ) right ; which formes
Societies ; and therefore we having reafon and Life,
which things have not, know how and why to free
our felves from being tooles and irftruments of evill
and wicked actions, and from being imploy'd in abo
minable ufes. For which reafon we can neither be fo
eafily Acquired byfuch an Accident as time is, nor be
retain'd in iuch perpetuall flavery as other things are;
which yet when they incline to a Corruption , break
their force (parties, andreturne into their Elements,
which is their fir fiftate of Nature: where they cannoc
Rand long, but returne back agai'nc into other focie-
ties or Compofitions more worthy of them, as we
our (elves in the like Cafes of our Civ ill Corruptions
( according to the Hiitory of all times) have done.
CHAP. XV.
Of the Several! Formes of Government ,
And how farre they may in their Changes
Legitimate Obedience.
$. i . The al fence or cbange of the Civ ill Magistrate leaves
M not without a Magiftrate or Jufticc.
K 2. He*
(I30)
2. How Monarchy drifttcrac)1, and Democracy are the
fame.
3/Wby a change of government frees tot from all the
Inconveniences of Government.
4. Toe feverall wajes of circumfcnbingMagiftracy.) and
of Publiqus tranfaflions.
5. IFuyfeofleof feveraii Governments differ rather in
figure then in for me.
6. ff-jw little cbangs a change of Government mdfys in or
of us.
7. Why Chnft bad us more beware of falfe Profbets then
ffittegatl !?, inces.
8 Wbiiber nothing can be jufl9 but tbat which is d-.ftfd
by the Legal! M-jgiflratc.
9. How a man may have a right to take what ano:bei hath
not a right to give.
10. Of N'jn~obedience.
1 1 . J/t'4t all Obedient is Ptffive.
» Sett. i. OOme thinket^e variation of a forme ofGo-
^verniDentj makes a variation of die forme
of Juftice, eventhere where all Juftice is diftnbiited
by the lame i iternall equity , the fame fi xt L a wes. and
the lame Tribunal^ but not by the fame hand of flcfh;
not confiiiermg that the end of our creation and con'er-
vationisthe fame in all formes , i^. that we might
glorifi our Sujremeft Magifvrate, and. doe eood to
our Neighbour or f How Citizens all the worH over,
Such as thefe conceive they are without a Magiftracy
when they change from one nv rt j Jl forme to another,
whereas indte i they OionJ .f looke higher then pur Sub
ordinate Magiftrares, andthinkewe relate principally
to God the unchangeable Magi(h'ate, ^\'ho ha h writ
Lawesof Pietv and Juftice in the breaft of Angels,
and hearts of all men > n the worM, which our tranfient
Magiftratcs muft oble ve as well as we, and for all
which we pray con joy ntly that Hu^tll mayle done on
beaVtn* It
030
Jtisneccflary we fhould live alwayes under a ftpe-
riour will and Government > and that is his ; becaufe
hcisalwaycSj and every where intimately preient with
us, whereas our other Magiftrates in what formes lo-
ever may ( by many ^accidents j have neither vertuall
nor per/bnall pretence with us,, and their mmifteriall
formes of governing us , areas mot-tall as their mini -
fteriall peribns , according to the wi'l of him, from
whom all of us equally derive, and who hath ftated
the Government of the world for ever in himlelfe. So
.- chat no man denies , but that it is«by him that one pow-^
erorfbrmeislet up> and another catt downe , only,
we are loath to fay concerning the powers of our imme
diate Intereft, by Tbhom it it, That they ceafe to raignc,
Which makes me ftill conclude more determinately
that our immediate A llcgiance is due to thole who im
mediately protect us, andplemrilypofieffc us , but in
and abo veal; to God, the UniverfaJi Ftcrna!! Magi-
rtrate, under whoie Jurifdi6rion we cire to live eternally
in another world.
2. The difference which is betwixt Monarchy, Ari-
ftocracv , and Democracy, is no more then is betwixt
one Jacobus piece of Gold, twenty two {hillings , and
forty foure fix-nences , which put logether are equiva
lent one to another, and of the lame intrinfick vakw,
Evcnfbthefupreme acls of Government are the fame
in all the three governments. For no State hatli a capa *•
city to goe higher, then
Fir ft, tomafy andta^e afray a La*.
Secondly •, to ma{e arre or Peace.,
Thirdly, to judge of lift dnd death,
fourtbly^tofix allafyea'ein it ft! ft ;
Atthetopoftheie foure iteps all the three States of
Government meei :
3 And b- caufc no forme is perfcft here nor free from
incohven:ence 3 therefore it is witn any of them , when
changed, aswithagrea-Siatue of btafle, melted into
many little ones , which though it change its rigui e yet
it (ends all the qualities of its aiectall aud its awgo aJ< >ng
K 2 with
(I52)
with them, which in time will appeare , if not oft
cleinied : even io the inconveniences which people
fecle, rather then iuffer in iubjeclion^ for the benefit of
Protection , are for the moft part the lame in thoie leve-
rail formes of Government* And it is in our defire of
Change of Government , as in our defire of change of
dyet ; of which though one fort may be more healthy
and r.ourifhing then another., yet we mull feele fome
gnawing of appetition 5 and painc of repletion, for the
Iweet of that which we turne into nutriment after
wards.
If we would make a mixture of thefc three Govern
ments . y et they make no change ftill 3 as to the Pro-
ckflSt or a iupreme a6t ; For they who concurre w ith , or
limit one another, in that Capacity, are co-partners,
and doe the fame thing together, wlrch one alone doth
legiflativcly.
4. Several! Countries have feverall wayes for cir-
cumrcnbing their'Magiitracy, and for ordering their fu-
prcme traniadions. In Poland any Gentleman may
lately and freely acoife his Prince : In Arragon the chief
TufticehathaTnbiinitian power. In Venice die Duke
ftirres not out of the City without leave^ and he is made
ib much greater thenanv of the reft, only thereby to
&llay the growth of Ambition in any one befides. And
for the forme of trania6tion>, all every where follow
plurality of fuffrage > but in leverall wayes ; For in the
Senate of Venice there nv.lt in manyCalesbea concur
rence of three parts, of foure ; In the Conclave of
Rome at the election of a Pope, two parts of three. In
the Confi (lory the Pope alone carries it agamft all the
Councell of Cardinalls : In the Convention of Po'and
•when theimporta-ntft bufineiTes are propounded , poti-
or eft cmditio negantis .. one negative hindeis all ; In
JJol'ancl, the States Generall of the (even Provinces
have but feven Votes in all, and thole obi iging accord
ing to Plurality of lufTrage; but with an excellent re
medy for the inconveniences of that way of Voting, as
becomes thole who arc diliinftly fupteme in tKem-
lelves,
lelves, and intend that for their fupreme coi!c6live AC
fembly. For, the number of States, fezit to con/iilt,
and tomannSgethelntereft of their Single nnd Pro-
yinciall Votes, are without limit, and asrhcrefpo
clive Provinces accord ing to their Supremacies pleafe
to delegate. Iniomuch that at the concluding their
Truce wkhS/wi»f , there were 800. States deputed by
the Provinces to deliberate and conclude upon Seven
Votes. For which reafbn we may lay , that Votes
. there are rather Locall then Perfbnall.
In England allis contrary, Votes with us being ra
ther Pcribnall then Locall: for which reafbn Pcffbns
a re neither fo revocable, nor accountable here as there,
their deputation being a kinde of Legation and Embaf-
fie. For we repre/entnot Provinces, nor any Places
diftin&ly Supreme; but Provinces and To wnes nrxt-
ly together, andfb, as Townes arc of greater autho
rity then Provinces _, there being more Burgefe then
Knights of' Shires , although this be -a Privilege of
Srate, no way proportioned to the Burthen borne in a
State, but ratner a markeof Kingly ?race, and diftri-
bution made and contriv'd for: the better iopport of
Kingly Intereft. With us therefore the odde Voyce car
ries all things alike, by which it may fo happen that
one man may make or take away the beftLavv that
ever was made.
5. Upon confideration of all tlmand by the leave of
fb many learned Pens who have all writ othcrwayes,
we may fay , that People of feverall Governments dif
fer rather in Figure , then in forme. For the forme of a
State is that which gives it life and bein^, by the admU
nift ration of Juftice, whereby we are fecurcdfromfiif-
fering wrong, enjoy the communion of rights , and
have'punifhmeritsfor Vice, and rewards for Virtue.
Thefe be the Vitalls of all States , and are the fame in
all Governments , fo that in a Change , where unla w-,
full things intcrpofe not , there is nothing that really
affects us Ib much , as the Novelty and the Opinion of
it , to which if the circumftance of a I ittle time be ad.
ded,, all our wonder is gone. K3 6. For
(134)
6 For what change is a change of Government?
It cuanges neither our humane Natures, norourfpjritu-
ali relations, but oneiv a Minifieriall cfrcumftance of
our meane Civill iiacion. The 1 aw and Equity of a
Courts ttill the! ame, whither the. Judges be lometimes
mote,! >;netimes fewer in Number. Into what interme
diate iuboidinat;onfo ever we fall, we are ftill as the
ia?ne EquidUiant lines; which come from the fame Cen
ter of Juftice and being> God : Andtoipeake proper
ly, wecanhavebutone/uprcmacy, bccwfe there can
be but one Cenier, othei wile fe verall Lines> of feverali
Jufiices will cut one another. A civill circumftance
( luchasany Magift rate may bee ) cannot obiirudt the
paflagc bccw xt our Supreme Lord and us,nor hinder the
C onvevanceorhisipiritimous, nor his Angels (which
are alwayes going up and down the Ladder) from car-
rymgup the Alines and prayers of the faithfull before
him, nor prevent or diftur be the Joy wh'ch the blefTed
h^ \ e in Heaven at the Con verfion of finners.
7. No wonder therefore that Chrift bad us (bmuch
beware onel- of falfe Prophets, who' might cheat us of
o'tr inettimable Jewels^ and iaidnot a word concerning
f-lic or Iliegall Goycrnours which we might afterwards
Live under; > '.caving us to th" IndifFerency of their Mi-
n>(t"rial fun61;ons for fecuring our meat and drinke^and
Clothing; St. Paul I ikewife bad the Corinthians* Cor.
1 . 6. avoid the I egall Magiftracy of that Country ( of
v hat forme loeve^-) and rather end their controverfies
coucerntnp humane rights by J udgement among them-
itlyes : crifthey would make uic of their Tribunals, yet
he left them no Inftrucl: ons for excepting againft the
Competency of the pcrions then in Pov\-er, nomore then
our «avi- ur did again ft Scribes and Pharifes who were
PofTefi of Mofes his Chairc.
AC hri/f an may Ix perfect in any State of Gover-
jTjcnt. becaufe his perfection comes not from the World,
and there is but one thing neceflary for him, fa which
Jtcnr?tf bf alwayes ready to adventure his life. But
ice how ingenious men arc to argue thcmlcl yes into their
(155)
owneunneceflaryMilery? Some fay we mavnot, nay
cannot do an yjuft thing under an illegall Migiftracy,
and yet that all intermedia teintrufions betwixt us and
thofc who were the firftin Compact, are illegal!: and
after this where (hall we indubitably ri/ide'a Legall
Magistrate? Orifwefindehimwhohath iiich a true
Originall title, yet another Prince who is in Poffelii-
on of his Kingdoms, will be loach ro make any Volun
tary Ceflion'fcf his Poflefsion for him : c j r if pofsibl y he
who is in Poflefsion, be likewife descended from the
'Originall Compaclours, yet how will he prove io-
much now to us by tradition only especially fb indubi
tably, that we may dye, or fecureiv kill others upon it ?
Theproofe of this is a proofeofold fa el:, a thing of great
difficulty.Thefe being doubts neither humanely possible,
nor abfolutely NeceflTa ry for us to be refolv d of, we may
then Comfort our felves with this, That the Questions
which will be propounded to us at that dread full day of
Judgement, when Princes £ People (hall tfand m xt to
gether before our true and great Magiftrate, \\ ill be o^ly
concerning the things themlelves, juftorunjuft, -which
we did here in cheflefh ; not under what Pcrfons, Titles
or Political! formes we did thern.Forthcy wil juftifie no
irregularity at thattryall. There is a Necefsity that there
fhoulH be a Change of the i erfonsof Governonrs, but
not of the Equity of Government: the Courfe of Na
ture doth the one, but ft ill endeavours to ftrengthen the
other.
The reason wherefbrethereare fuch ereat Changes
in jurepublico more then injure Prfoato. and why in rhe
midftoffomany Changes private perfons keepe their
Eftates, when Publique pei ions cannot keepe their Sta
tions andPlaces^Bf cai'fea'l ir.otions, or Mutations in
that Station, are above ;tll Tribune Is and coernons. The
jus ad rem, or of Afeum '& tuum belongs to an inferiour
Court; but the /ttJA/rfgwww hath tt»ic, nor any th>n^
eliebu: j ift Necefsky and Poflefsion to juftifje a change
madeeicher in rhelarjK', or in a diftc: rnt Govern'nent.
OK One very coniiderable Obj'ectioa is lierc op-
K 4 posd;
and wrong, he governed with Religion £ Juftice.
Divines ho'd likewile, that Chrift inftituted a MifTi-
pn whereby his Go/pell was to be continued to the
worlds
037)
Worlds end by Miniftcrs deriving from on another : Yet
in the Controverdes which we have had with the Pa-
pifts, whfn they object that we have no continued
Miffion from Chrifts time, becaule for many Centuries
the Chrittian World was totally under Popery ( fo
that though their Minilkrs might be true Minifiers, ycc
ours certainly could not) Here our Divines thinke it
enough to diftin°uifh betwixt aPerfbnall, and a Do-
<ftrinallfucceision , and affirrne , That the Do6lrinall
iuccefsion is above the Perfonall, which ierves only
for difpcncing that true Do&nne. which wenow have,
and by faith in which, thev who liv'd fb long under
Popifb Paftoursmkht be faved. Even fo why may
not weas well lay, That where there is not in Civill
Governments the fame fbrmall iuccelsion of Pcrfons,
that there the People may Lawfully conformeto them,
they holding out the fame Law and Equity, which the
Excluded Magiftrates ought to have done, if they had
fucceeded.
So that the fame Juftice of Peace difpencing the
fame Lawesfor Peace under one iort of Government
as under another , doth the fame Juftice ; the Circum-
iiance of Magiflratcsis only to lee that it be done with
fccurity and quiet ; and when it is effectually fo done,
we are to c"o more then obey them, that is, to pray and
praife God for them who ever they be that fo govern us.
for when one Government is excluded if another did
not presently fucceed in its place, we fhould fall into
Confunon, and it is a Little time that Ierves to mine a
man , efpeciallyin the Privation of all Government:
in which ftateall things are Common againe, ai d each
man islefcinbis Naturallstocafihow he may defend
himfelfe from all the reft ofthe World.
Objett. It is objected in the fecond place , that fuch
an O bedience even in* Lawfull things to unlawftill Go-
vernours^ doth afTert thofc Governours as 1 awHilL
9. An/. L-anfwer ; if it be upon a p'cnary Poflef-
ficn, fuch an Obedience only aflerts the Irrefiftibility
of their Power. He who takes a NeccfTary almes, from
him
him who got his eftate by OpprefHon , finnes not , nei
ther afhrmes the right which che ppr flour hath to his
Eftate ; by which we may ice that we may have a right
to take , what another may not have a right to give. He
who Lends upon biting Uforyor Exrortionfinnes. but
he who borrowes money io of him, when he cannot
get any from htm or others otherwayes, (innes not, nor
aflertsthe i^awfulnefle of the others Loane.
In this Argument there is no place for a diftin&ion
of a Government eihblifht with I ong rooting,or with
out rooting : Forifwelinnein doing Lawfufl or un-
lawftill things under either, the Lapfe of time ( as hach
been fhcw'd) takes not away finne in either, ib that
one is (to our actions) asLawfiillas another. Befides
into what Condition would we put our felves if we
willnotobey? for in a State there can be no fuch thing
,as N.on-obedieme : Eevery man muft either Command
or obey , or clfe live by hirnfelfe , by his owne I awes,
and his ©wne Militia. This is according to a good %-
gula Iwu \6j, ff. Quijuffu Indicts aliquid facit non Vi-
detur dolomlo facer e ^ quiparere nece/J'e batet ; That is,
He who doth ibmcthing in confbrmicy to the Command
or fentence of a J ud.^e, doth not in any appearance doe
what he doth, wuh an intention of fraud , becaufc his
Obedience is NecerTarv. J-ift io State-Obed'ence is
Neceflary , and what we fo conforme to, is ailed un
der Command, for which realbn we are acquired from
the Imputation of Treachery. Petronius might boait
in his Plalm .'?.
Hoc amo quod po/fum qualibet ire l>ia
But there is no fuch Privilege in a State or Society ; the
Conveniencv whereof is not to be lef at Libertv and
freedomc. For he who would keep his Naturall Li-
bercy without flebtiontoa State thall loofe that and
every thing ire ; a .-iff he who M ill reiolve ro loofe that
Liberty may coniervc to hirnfelfe the enjoyment of all
neccflarvth n;zs.
Some are plea s'dt^ lay, that they can obey fuch P fc
lively , bui never . .chvely -, yet confider not , th t a.'i
Obedience
O39)
Obedience is Originally Pafsive more or Me ; that is,
as both are lujfu Imferantii Nay their Pafsive C bedi-
ence (astheyunderfhndit) maybe worfe nnd more
unwarrantable , then that \vhich they undc rftand to be
A dive. For he who execute;, a&ivcly the Ofhceof a
Tuftice of Peace., or of another Inferiour Mapftracy,
byVirtu€ofaComm'fsionfentto h;m bv a fuppos'd
Illegal! Magiftrate, and thereby doth good to his poo re
Neighbours, doth not a thing fo bad, as he doth, who
even under his Legall Magiftrate is preftout to warre
againft thole , whom his Confcience cannot condemne,
nor dcfigne to death ; yea or pay Taxes to be imployd
a^ainft thofe whomnis Confcience juftifies.
CHAP. XVI.
Of Politicall Juftice, Or the rule whereby
we know the Magiftrate to Command^
and ourfelves toaftLawfull things un
der him.
$ • j . The difficulty of diflributing Jujiice arigto.
2. Of the Corruption offirft Rigbis.
3. Font parts of Juftice*
4. JPby tbe Violation of Toiiticalt Jtiflice bath the worfk
eff&s.
5. People obey not to tbe pr* judice of any 5 // they doe
t&ions According to tbfir Natures under plenary Po[~
fejjours.
6. fbat a tbing be Civilly Lawfttll it is not Necejjary
tbat it begin rightly.
7. Tbc Mtrit of tbf Magiflratc matys a Pelt upon tbe
Fujle.
8. How Contract may be made with us without our Con-
fents.
9. Whether Religion and luftice be kpowne by 9 and pra-
ftizdtf tbemfelvef 3 by virtue of originall Impre]Jjon9
or by derivative authority ?
10. The three convincing evidences of Religion and Iu~
flicc, authority Reafon and the Spirit.
n. Of the Logical! and Moral! Principles of Reafon.
12. Whether there may be a mixture of Authority and
^eafon^ fo as to maty. a reasonable authority ?
13. How religions are defind by Mortal! authority.
14. Whether ws bam any outward authority which evi
dences Religion more then Law or luftice ?
15. Whether Religion be a part ofluftice?
1 6. How people in the greateft evidences of Religion ar?
moft vicious.
17. Why there are mo ft exemplary Virtues and 'Piety
when people are moft vicious.
1 8. Of the Affinity of lufticg and religion.
19. Natural! religion or faft ice findes nothing tofatisfie
Gods Juflice^ nor bis wil! which it cannot difcover.
20. How the Spirit the beft evidence of that which we
cannot finde by humane meanes and of our felves.
2 1 . How we may in our felves and any Foffefour , finde
enough to evidence both the juflnejfe and expedientnejft
of all our a& ions i
a \/\7"E have hitherto treated of the obicure birth of
* * Ma jefty, of the Naturall State of Families which
depended on one another in Patriarkfhip , and in He-
roicallor irreftftible Seizures: Likewife of a State of
voluntary Compact, but where we now can have no
certaine evidence , either of it in its Originall, or ofthe
Original! Families belonging to it 3 but fall ibmetimes
under the Plenary Pofleftion of one Power or Family,
iometimes of another, as pieces which at this time Ac
cident
040
cident (and not Nature J hath brought into the fame
frame : That the ftate of the People , is a ftatc of Pri
vilege, Guardianship, and filiation, not of fervitude;
io that all Government is not Penall, and that Prc-
fcription cannot runne againft truth and Men , as it
doth againft fenfible and inanimate things : Laftly,
ot the feverall formes of Government,fhewing how
theydifpence the fame Jufticeto us , and differ rather
in figure then forme; that the Circumftance of the
Earthly Mag iftrate (legal! or Illegal!) is no part of
the Definition of J uft ice , and therefore that our obey-
"ing fuch in Lawfull things , is no affertion of their
right.
In this Chapter I (hall fearch after that fort of Ju-
ttice only , which is due to the People from any Magi-
lirate, andLikewiie toanyMagiftrate, from the peo
ple: Sothatwhilft we are in our Stations, or rather
Agitations, die winde, like the tfeddy foot of the Com-
pafle, may be fi^t in its rioht Center , whilft the Body,
like the other foot maintaines an equal! perambulation
about it , performing Varieties of Duties, with Moti
ons of affurance.
St&. i. If that be only juft, which muft be every
way juft, then Little Juflice would be either given
or taken. For that being the greateft Virtue hath the
greatett difficulties; especially if none hut one fort of
hand muft hold the ballance ; and the Center ofa thing
being afterwards fo hard to nnde what wonder that in
the difpen&tion of Juftice we fhould hold it to be the
moitperplext thing in the world to diftribute equally
Inter pirn (fminu*?
It is a good Maxim of Religion,!^ Ve mm quodprimum,
that is true which derives from the beginning,becaufe it
touches upon God. This now is drawne into a Ground
of Policy - to evidence the right which Princes pretend
over their People by ancient Compact. But as the fi*
fraudes of old corrupted the belt parts of Religion,
even fo it hath far'd wkh Ppliticall Juftice , according
to that oualifiqatlon of Original! Pa&, For Princes
in
(142 )
in this cafe doe for the moftpart as the Egiptians of
old did; Who that they might appeare to be the firft
of men, feigne a Deduction of innumerable Yeares3
incredible actions of their owne ; and as great incon
gruities of Nature , as that the Sunne anciently rofe in
the Weft, &c. So thofe Princes who claim d higheft
Allegiance's, feigned that they were either begot ofthc
Gods , or were ient by them to undertake the Govern
ment, as farroiakh, ytfofulis hoc modo utantur fee nn-
.dioribti* y That they might frame the People to a more
faciil obedience. Nebo and $el were two A (Tynan
Gods; and therefore the Emperours of that Counrrey,
the better to fortirTe their Authority, mixt the names,
as weil as the Authorities of their Gods with their owne.
Thus from Kebo we have Nebochadnt^ar , from $el
<Beifla%ar3 &c. But thofe times arc gone, wherein it
was ealie to feigne any L awes with obligation , when
it was Ib eafie to feigne any Deity with Admiration.
3 . Juftice hath feverall Meafures and proportions •
for it is either
Firft Vnfarfall luftic e relates chiefly to God, (the £>!c
Magistrate ©f the Univerfe) and to all mankinde ; and
Confifls in a fteedome from (inne, and in an Univeriall
Obedience to 3 11 Gods Lawes, as we ftand immedi
ately under him by derivation , and collaterally one
with another as fellow-Citizens all the Wot Id over.
Secondly, Toliticalllufticeconfifts in tb e reciprocal 1-
neis of mutual! humane righ ts paternall and filiall duties
as we are congregated into Common- wealths, and pub-
liqueSocicfes.
Firft, As the natures. of all in thofe precin&s derive
from the unity of one common parent, as inPatrm-k-
fhip3 which is but the diffunon of the fame family.
Sj condiy, As thev, through the fhufflinss of the world,
derive their perlons icparately,, but their Wills united
in
.
tion of Politicall luftice. When this runs into a War,-
it dilbrders all the other relations of Juftice, the Reli
gion of God in Univeriall Juftice is fufpencied, Tem
ples are hrcd, o])portunities are given to revenge, and to
deiolate a private neighbour, and to account for all the
difpleaiures which were received from him in the time
of Peace, and of \ egal! Juftice : Innocent Families are
tfelolated, and private Vice or In juft.1 ce hath no limits.
The worft of ail this is, that many times ambitious or
angry men forme liibtilties and pretences, and after
wards the poore people (w;ho underftand them not ) are
taken out of their houies, as horles are out of Paftours^
to fight and maintaine them at the perils of one anothers
lives ; and fuch Wars not being of their Intereft, they
arefureto reape nothing but deflation by them. Ifthey
recover peace, that great blefTing, (whereby they return
to their Nature, and to the exercife of all thofe parts of
Juftice againe ) yet if it end with a change of a Govern
ing Family, or of a Government, with what fubtle-
ties ftill doth Ambition and Revenge perplex their con-
fciences, as if they coula do no juft things at all when
they are plenarily polTeft by fuch. powers., whereby they'
are unwittingly forcd (as out of duty ) to make their
publique Commotions neceflary, pcrpetuall, and if not
recoverd out of their great diftempers and practicable
errours, they think they do God good fervice kia&inn
that which will at laft oblige men neither to give nor
take quarter all the world over.
5 . Here therefore we may fay, that though In jure ad
regnum one may poffibly command to the prejudice or
another, yet the people obey not to the prejudice of the
excluded per ion, provided they be commanded nothing
out of the above-mentioned formes of Juftice. If all
Politicall Juftice be Adalterum. then they who are Mi-
nifterhlUorthediftributionoFit, are ib too, and not
for themlelves : So that in the ejection of Governors or
Governments the Peoples cafe is moft favourable^ they
ought to be conferv'd in a State to communicate juft
things and actions one to another. For which reafon it
is
is that it hath been fo much argued> That their fa&ty j,s
aLawfnperiour to thole Laws which are made for the
Perfons governing ; it being really true , that fopulus nott
moritur, the people cannot dye; and bui a fiction of
Law, That Kings cannot dye,or rather ofthofe Courts,
where after they are really dead, they are (for fome
dayes ) iei v d with the lame Meats and Ceremonies, as
, when they were alive. There is no Morall obligation
which lies upon any People to receive Politicall Juftiee
only in fuch a forme, or from luch a Mortali h ind ; For
' then both ought to be perpctual,and we ought to have a
perpetuall power to pofteffe both to our (elves plcna-
ri-ly.
Gregory Na^an^en inhisfirft Oration againft Julian
the Empcrour iaith, that he the eaiilier to beguile the
fimple Chriftians, did inlert the Images of tne ft Me
Gods into the pictures of the Emperour, to which the
Romans were wont to bow; with a Civill kind of s. eve-
renc: ; lo that no man cou^d do reverence to the £mpe -
rours picture, but withal I he muft adore the Images of
the falie Gods : andhcwhoworfhip'd not at all, w is
punifli d as one who contemn'd the Emperbur in his
Image. Thus usually it is with our present Princes, who
ekpedt that God and diey (hould be alwaks reverenc'd
concomitantly ; whereas 15; .vere apparent; Idolatry to
admit of another God., but is not Co if we be cor>ftrein d
(as in thofe 24. yeares confusions) to confbtme to other
frinces, who areas Mortali a$ their circumftantiared
Laws, whereas Gods Laws, as they are either Nacu-
rall or Morail, are fixt like himklfc, and therefore fit
for perperuaJi Allegiance.
6. Beauty in a body Naturall coniifts in the fymmc-
try of parts; and in a Body Politick, in theapicon-
gruity of the Members of a State, when provifioa i$
made of good Laws, and of infer«our M.^ftracies for
giving every man his own. The body of a Baftard may
haveal naturallfymmctry as well as a Legitimntechila:
even Co that State which is notcrown'd with a Prince of
Legal! authority, may iuhjna have all its cougruities He
L tor
(HO
f or Subjects to live under. For, that a thing (hould be
Civily lawfull, it is to be noted, That it is not necefla-
ry thatitfhouldalwaies have $urgatum principium, an
entry without fault. For Cutf ome is a I aw, a»d yet it
is a Legall Axiome, Vt confuetudo inducatur, nee titulo
nee bonafide opus eft. For the introduction and authority
of a Cuitome, it is not neceflary, that it (hould be ei
ther by a good Title, or without deceipL provided it be
rational!, and not againft the Laws of Nature. 1 2. C.
qu<e Jitlon.con. And if this be fofora 1 aw, which is
ad aitemmy then much more may it hold for him who is
but for the Difpenfation of that Law, the rulesof Right
being alwaies above right perfons fiibiervienttothem,,
and the equity of a thing due to another, more confide-
rable then the hand which is to reach it to him.
Having thus far examined that which is due to the
People from the Magistrate, I fhall now enquire after
that which the Magirfrate (what ere he be ) may for this
Merit expect as a debt flom the People.
7. The rea Ion wherefore War is not fb bad as Con-
funoii, is, becaufe in war there is an ( rder, and for the
moft part Private rights only iurrcr by it, whereas con-
fuiion levells all, both pubiique and private. There
fore people owe not a little to the preient Magiftrate,
who keeps the parts ofaScateintheiraptCongruiues
and Relations, whereby men enjoy the fruits of their
own I abours, communicate with one anothcrs Virtues,
fleepecompoicd( without anv Alarums Jin their beds;
fb that none wou/ddefire to difturbe £ich a State with
the certain deviations of war. but the Vicious and A m-
bitious, who alone know not wha'- care is requifite for
procuring the (impleneceilaries of life.
They therefore who enj'ov fuch a protection, are in
debted for a returne of /> llegiance • which is due upon
two A£ions to the M igiftratc what ere he be, W^, 48 fc
cne ncgfitiorumgejhrum, & dein rem 1>crfo.
8. In this place we muft attentively obfervefwhat harh
not been hnc'c at by any in thcfe Controverfies, that I
cbat there is an Obligation , yea Contrra
here,
C'47J
here, which comes not by content in Compact , fed ex
fola rei eontrettatime , as the Civill law faith , That is,
when a man of his owne accord takes upon him the ma*
nagement of another mans affaires , by medling in
them, fbas he for whom it is done actually <ioth, or
probably may reap great commodity thereby. The
Common- wealth is faid to be as a Minor in Guardian-
ifhip ^ but betwixt the Gwardian and the Minor there is
a Contract: for the adminiftration of his Guardianfhip^
athis(theMinors) charges, although he know not of
•it. It is noc alwayes neceffary that he for whom the bu<-
finefle is undertaken (hould reap effectual! commodity
thereby, it being fiifficient in fome Cafes (where there
is otherwise imminent prejudice) that the bufinefle be
begun well , though it end not (6 ; as if a Phyfitian un
dertake the cure of a lick childe, whole father is abfent
from home, and he dye ; Notwithstanding the Phy/iti-
an hath his action Negotionwtgeftorum. L. fed an vitro.
w.Setf. I. f. dc ob: ex qua', con. So he who volun
tarily, and by his great paines, hath recovered other
mens Children from Slavery, from which they (the
Parents^ were bound by the Law of Nature to keep
and recover them , they are accordingly indebted to this
man. ItfolJowesrhen a fortiori, that they who Pro-
te&usand our Children in the Common-wealth , as
Guardians , Phyfitians,and Redeemers in PenJls,ought
in Equity to be rewarded with farre greater Privi
leges.
Ob. Here I expect to meet with this object on. That
mens affaires are not thus to be intermcdlcd with whe
ther tl.ey will or no ; efpeeia.'ly when it belonged mil
to another v officer to doe it , and who is kept irom do
ing it by Violence , as in die Cafe of vhofe feverall ex
cluded KIPPS above named. It is not iufrldent that this
new Mag ftrate doth ju|t things for us, if they be noc
donejuftly, that is, without prejudice to a third per*
ion. Judges then judge rightly , when they judge ex
conjunctively, not feparately; for want
or which , all Juftice and ihe v\ hokGoYernuien: is vi
tiated, L a
pofalls) nor every errouror finne makes a man ceafe
to be a true believer : Much kfie doth every inconveni
ence or vitiated circumttance which is not fundamen
tal! in government 3 make it no Lawfull Government,
or unfit lor humane fociety. It hath been fhew'd, that
the Law of Cuftome, whereby we doe and receive Ju-
ftice, may be continued , though it began by fraud
and a vitiated entry ; and then why might not the Peo
ple of thole times as Lawfully have obey d thole Princes
who enter d by as fraudulent UliMrpation to looke after
"that law? The difference is great betwixt a mans in-
tennedling to improve a private bufinefle , and im
prove a Government: For though a man may looks
after his private affaires well enough himfelte, yet he
muft neceflarily have other to looke after the quiet of
the State , in which he and ali he hath is imbark't.
For the further fatisfa&i on of this Argument, (which
faith Juftice proves Injuftice, not only when it recedes
from the due point of Equity , but alib when that equi
ty is not Authoritatively difpenc't to others by fuch a
particular shird man, though there be lufficient left be
twixt the Parties for fatisfying the Meritum and ''Deli-
turn of both)
$. I cannot I fay but obferve, that they who ar-
guethus, unwittingly inferre, That equity and Tullicc
ought form ally to be relblv'a into humine Authority
as into thetr direft Principle , and that the truth and
Evidence of Divine and humane Rights, the duties of
Religion and Juftice, and a'lthat which relates to God
and C*/!jr, are both to be immediately learnt by , and
pra&iz'd under fome tranfient Authorityhere,andfbas
the Precepts of neither ought to be obey'd for them-
felves, but for their fakes (ofcly who immediately not
originally affcrt and command them, aLhough Autho-r
rity derive ab author e, •
Contrary to this others affirm that the Nature of Fveli-
gion and j uiiice,is fuch,that they rather evidence them-
fcl- es by Virtue of the firft Impreliions which were
of bothintheraindesof thefirft men , by the Cngi-
L 3
C '5° )
nail authority of him who was die Author of all things'
in Nature : and that as the leedes of Paflions , io the
ieedesof Virtues , and Powers of Truth and Good-
nefle derive from his making themfuch, fb that they
now are fhed from one into another , rarher by Tradu-
&ion, then Tradition, and may be knowne and pra-
&izd without delegated Authority immediately conti-
nucd upon us for that end.
There are but three wayes for evidencing Religion
andjuftice,
C Tul'ique.
Thefirftis<2-
10. In convincing others, the firft (as Largeft) pre
judges from the other two , and the Second from the
laft.
11. The firft is of true Publique Authority : The fe-
cond is of ^eafon as it lies Common betwixt all men,
cither confidered Logically for the Power of qurunder-
f landings, whereby we can free a thing from Contra-
cii&ion , left we rake yuid pro QW ; in which accepta
tion our Minift-rs preach by Do&rjne, reafon and Ufe :
< i el/e Reafon is confidered Morally, as it relaues to
Prudcntiall habits, aud Chiefly to the Virtue of J uftice.
The Third is of Private Spirit and Revelation . to
which no more but that Private man, in whom it is,
•can fubmit, becaufeofits Privatenefle.
In true Authority men muft not be belie v'd and obeyd
for their rcafbns, but for their Votes. Thus then we
Jcnow God harh faid this or that, we conclude without
any further examination, that is true.
In Reafon men /pea ke as Doctors., not as Judges and
are not to be Credited foranJ//^ dixit, or a vote.
The Spirit hath the greatett proofe for it felfe within,
but hath the leaft Evidence for it felfe without; and
therefore it cannot be offer d either as the Sentence of a
Judge a or as the Reafon of a Doctour ; bccauie no
body
(I5U
body can know it, but he who hath the /ecrec Obfigna~
tionofk, unlefle ic be accompanied with Miracles
which may be leen. 2 3{ev. 17. He "tobo is regenerated
hath for bis m*rl(c ot l^nffov a "tobite flone 3 in 'tobicb a,
neV> name is Written , "ftbicb no man knotoes but be Tbbo bath
recefr'dit. The girt of this Spirit is an a& of Privilege
diipcnc't by the grace of our Supreme Go vernour3 and
is not to be argned againft for being only of private ad-
intagetooneman.
12. S ome perhaps will aske Whether there may not
•be a Compohtion of the two fuft, vi%. of Authority
and Realon, fo as to lay there may be a reafonable Au
thority *
I answer No, becaufe the ground of the firft is pe-
remptorines of Will, and the ground of the other is the
IntelleA and Infintiacion of Perfwafion , fo that
in their rclults they neceffarily exclude one the other.
For in making all periwaders , and thereby equall
Judges of Reaibn , authority is prciently dethroned ;
and on the other fide in admitting Authority, there muft
be no diiputc. In the one there is freedome., in the o-
tlier necedity , in the one my Obedience is conditional!,
if you can (hew me why and wherefore , In the other
it is ab/blute and without nicenefle. In fine, the one be
ginning at Reafon, keeps a Schoole with Philosophers
and Doctors to reade Ledures to us , and to befecch us,
and then Leaves us to determine by our owne private
authorities : The other beginning at fence, keeps a
Court Marshall with Sergeants, Souldiers, haxhets
and G ibbets to aft us to our Duties by publique autho
rity.
I wouldfainemarrythefetwoina (late, but that I
know Divorce will immediately follow the Vow for
perpetuall Cohabitation : and therefore thouch we may
Reafon among our f elves , till we come to the fword
point of Authority , yet arriving there , we fiioufd for-
fet our bcft Realons , if we would not be iilent , an d
ftopat th at point, bevond which there is no appeal? ,
argument or Motion allowed.
L 4 That
That Religion and Juftice came firft into the world
by Authority no man doubts, but how both ought to
be continued is the Queftion- For if nothing be Religi
ous or Juft, but under perfbns qualified with the due
authority of Church and State, then into whatlaby-
riiichs are we plunj^'d, and how little can we do with
faith, or without no, we not being iureoflawfull Au
thority ? Whereas by the allowance of bur Reafbns we
jiiay better know, whether our Magiftrates command
Us rbht things, then that they command them aright:
The Church of tynic defines the Laws of heaven,
and all truths, as they are received from the authority
of the iopc,
King Charles diiputed to His death, That if he took
away the Authority of Bifhops he left the Kingdom
deftirute of any right to hcare the Word, and to receive
the Sacraments,
The Presbytery of Scotland fay as much for their Au
thority to continue the VVora and Sacraments in the
Church, and go farther in Temporal! rights.
In a Civill State they fay all juftice ceafes in the ab-
fence of the right and lineall Magiftrate ; although in
deed the Powers xvhich poflcfleus, can only explaine,
and recommend^not authorize what God alone was the
Author of.
14. It were dcfirable that we hadfuch inautnority
as are here pretended, and that they were like Sa!aam9
Without power to fay otherwife then God faid, which
none now but one Church-man pretends to. B ut if we
Will at all hazzards thus refi2,ne all to fbme immediate
authority now in the world, I would then know what
authority we have for our Religions, more then for Ju
ftice? Or what proofe have we that the Laws of hea
ven are truer ( though better) then the Laws of this
world? Seeing the congruoufhefs which they have with
the goodnefs of a Deity, infers no necemty of their
A&uall being luch,<and every book which is goodi is
not Therefore of divine Revelation. For God made his
Laws freely, and might have made them different from
what
(153)
what they are, if he.hadfopleafed. Nay, upon this
ground what Principle have we of this age, to make
us Chriftians, different from what makes one of this age
as well a Turkc? If you will (ay the/ 7
Authority of our Officers, theirs areV)ITradltIon'3
as peremptory, and differ among themfelves leiTe then
ours : If evidence of greater Tradition, that is not an
immediate witnefsing to a truth, but a witiicfsing to
anothers -witnessing; and after all fbme crrours pretend
to longer ftanding, then our truths, and methinks it is
riot fitting that we give that to v me, which is only due
to truth. Cur Mediums of proofe ought to be different
from theirs, Ir we would have a difference in the Con-
clufion ; otherwise the choice is dubious, though the
miftake be damnable.
15. Ob. The difatisfa&ion in Tradition, Authority,
Miracles, and the Spirit, hath begot a Jftrange Qucfti-
on concerning a Naturall Religion more Catholique
and Univerfal I than any other, 1>/^. Whether Religion
ke apart ofluftice ? Which Jufl'ce not depending imme
diately on Authority, Religion they fay doth much lefs,
and therefore reafbn may make it out, as it is a holy
Virtue.
For further ftrengthening this Object ion, Whether
the native and pureft principles of jufiicemay be the
beft principles of Relig:on ? I cannot omit a fa
mous disputation to this purr,ofe fblemnly made be
tween CardinalllPewtt and Tilenusyvho was Minifter at
Paris. Tilenus maintained the Scripture to be ot divine
Revelation,and that it had aChara&er which evidenced
and accompanied it proper only to the Spirit of God.
The Cardinall was to prove that it could bf known on
ly by the Authority of the Church, and Tradition as
neceflary & equivalent to it^but before he began his di£
putauon fas preliminary to it)he offered Tilenus eight
Sentences, and dcfired him to declare whcthtr they
were precepts of Scripture or no ? Whereupon Tilenus
ftiev'd them all in St Matbtto, and in die Epiftle to the
The Cardinall then called for Plutmb
and
('54)
andSeneca, and fliewd them all in both thefe humane
Authors, as preceps ftreaming from nativ ejufticc and
Virtue, and not from divine Revelation. The Prote-
fhnts that were in the Chamber were not a little per
plexed at this, but Tilenus ( though a little fiirprizd
hereat ) recovered himfelfe b v this {ubtilty, deiiring the
Cardt na 11 to fuppofe eight Ho/lias in his Hat and that
oneof them only wjsconfecrated, and that after they
were fecretly fhakt together and thrown upon the Table
he would declare what externall (Ignature ofconfecra-
tion he could find in that Ho/lia which was the Body of
God. Here the Proteftants fas I have heard fbme of
them fay who were at the Deputation ) t&urnpht as in
full victory, But alas! what did thefe fubtilties prove
more then the Confutation of the intereft of anerrour,
and no pofitive truth received ftrength by either. And
though Tranfobftantiation hereby received fbme folk;
yet it was left a Queftion , Whether the native principles
of Juftice and Virtue might not be the belt principles of
Religion.
rfnf. For Anfwer, I know Religion to be a Do-
clrinc of faith, as Faith relates to a principle out of the
di/covery of Nature, and is of things not feen, to be
rendrcd to a Superiournotieen : Tuftice is the Doctrine
of works, in the difcovery of Nature, of things feen,
and to be difpenc'd to thofe with whom we vifiblv con-
ver/e. However I (hall examine both in their feverall
States, becaufe Intereft makes Gods.as well as Kings,
and Laws for heaven as well as Laws for the earth, and
that Jufte and Religion are rfor the moft part^ but one
the counterfeit of the other; If one have zSantfum fan-
itorum. the other hath Arcana imperij. and we arc all the
World over ingaged in our iwathling clouts to the
Religions of our Parents, not having more choice of
our Religions, and divine Laws, then we had in what
part of me World we would be borne, of what Pa
rents, Complexions, and under what humane I awes:
So-that Religion, how devious foever, is confirm'd in
tve<y Country by the fame habits, and with as much
zeaje.
£Cale, as if it were every where of equal! trutha Jews
havingidyedascheerefully for Moloch, as we do now
tor Chrif i.
i6.Ibeleeve it hath hardly been feen in hiftory, that
a People much given to Juttice, were irreligious ; and
therefore at the day of Judgement they (hall rife with
their Virtues of Jufticc. to judge the others who had
Revelations. But it hath been oft fecn that a People,
when in die greateft evidence and excrciie of Religion,,
were moft vicious. I fhall only mftance in Gods own
People; who when they were in the Wildernefs, be-
twixtthe armes ©f God, eating and drinking miracles ,
yet were more propenfly vicious, then ever they were
in Cities, and through extraordinary hardneis of their
hearts, Mofes was faine to give them greatefl difpenfa-
dons.When they were form'd into a Kingdom, & at that
time that God built his Temple by Solomon, they were
then the viciouceft that ever they were under Monarchy.
17. I hope Ifliali not be miflaken here,for I fpcak
of Nations in grofle, be'eeving that when people were
(6 generally vicious in States, then there were private
perions of greateft exemplary Virtues and Piety. For
Nature heips us fo far, that Vice upon triall notfatisfy-
ingthe height of ouj defires, we eadlicfi fall into the
other extremity 6f detefting it. Thus the Ejfens and fy-
cabites took upon them a ieverity and fimplicity of lire,
amidft the pompe, foftnefs, and luxury of the lews ; the
retired iBracbmans among the delights of Perjia, e vein in
fDariiis his time- the Tjtbagorians and Cymcfy during
Philips and Alexanders riotous times in Greece ; the Sto-
icfa in thehigheft fenfual ;ties of the Romans, and now
it is commonly noted of the Cartbufms (who fpeak to
gether but one houre each Thuriday in the week, and
never eateFlefh) that they prove the ftri&eft Votaries
among them, who were molt fenlually extravagant, be
fore they cntred the Order.
18. Objett. But to bring Juftice and Religion into a
nearer Affinity , titty argue , that all Jufticc is ad a!te-
rum, and the religious part of this Virtue is, inren-
dring
dringwhatis due to God; They affirme all Sacra
ments to refblye themfelycs ultimately into Virtues,
as into deteftationof our ill lives paft , and resolution
tolive better for the future. <Drt>id Vfal. 15. asks who
(hall enter into Gods Temple, and dwell in the holy
hill? but aniwers, thofe only who bring exprefle vir
tues wrh them. Saint Paul ipcaking of thole Gentiles,
\vho were caft away of old, intimates that they firtt
had a diffident declaration and Evidence of Gods will
for his worftnp and glory, Sfywi, i. 18. He faith the
wrath or puiiifhment of God * was of old reveald
from Heaven, againftallungodlineflc, therefore they
had the Revelation alfo of the Lawes of Godlineflfe :
They had enough to glorifie him as God, yet were not
thankfuil , nor had any feare of him. If we aske
what was that Natural! thankfulnefle , and how a
man is a Law to himfelfe ; They aniwer that they
Icnow they owe God Homage, recognition, and thank-
fullnefle as he is flipreme Lord , on whom all depend.
They can naturally love him, for his gopdneffe ; fear
him, and hope in nim for his Omnipotency ; They can
honour him, as they finde others doe, becaufe honour
is confinde to, and defind by, the Opinions of the
places in which we are : They can pray, praileand
Confeflfe to him infscrifkes.
ip. Anf. But for Anfwerto all this , what can they
findc either in themielves or in Nature, which can ex
piate their finnes here ? For nothing can fatisfie or efface
demerit , but merit or Pardon ; The paines which they
voluntar-ly undcr^.oe cannot doeeither. For that which
muft dcftroy or take away another thing, muft be con
trary to it , whereas a fault and chaftifement may agree
well . a- -d not dertrov one ai other, yea they may per
fect one the other. If they will fay that they cannot
indeed fatis'ie the rigour of Gods Jufti ce , but may ea-
fi ly fatisfie the clemency of his will , then they confeflie
their region is not ( according as they argued) apart
o£Jufticci and for the arbitrarineffe of his Will, no-
- 1 ••-•. Nature can difcovct it, and therefore m Jch leflfc
Objeff,
057)
20. ObjeS. What then (hall we positively fixe to out
fclvcs in matters of Religion > We will not goc to En-
Jorfor Aniwer ; Yet fewhcarc Rea(b», fewer heare
thewhifperingsof thefpirit, and none hcare the Voice
of God, for he is departed, and rarely anfwers either
by Prophets or drcames. i Sam. 28. 15.
Anf. I anlwcr , that not having a continuation of
lufficient Authority , as Authority (ignifes Efficient
Magiftracy, for our beliefe ( without hazard of miftake
in what itpropofes) for our believing that which we
• cannotdifcoyerin our ielvcs, it remaincs then, that in
matters of faith we caft that great worke on the C pcra*
tion of Goris Ipirit, which ]i kc the w inde moves which
way ithftcth. If chey who have neither indubitable
Tiadition, nor indubitable Mimcles, nor indubitable
Authority,, nor this indubitable obfignation from hea
ven, reit uniatrsfyedj wonder not at it; becauie I ice
they cannot find fatisfac^ion any where eliCjthough they
ou^ht lili to ac^ according to the virtues of their na
tures, which we findewill ferve at leaft to condemnc
odiers. whomifTeof lalvation under the certainty of ,.
Revelations, as thoie rf ' Tyr€ and Sydon ihall jud^e^ trK»/c <r J
21. As for Civili Jnftice, would it \\ere diipenc't 5*i
by the Auchoritv here contended for ; it would thc»
la ve us the paines of many cloudy and uncertaine reafo-
nings , which by the prolixity of <iiiputes , m* ke us
lofe many advantageous opportunities of Obedience:
But becaufe we cannot have it, as we dcfire, it rcmaines
that we take it, as we can have it ^. In plenary Po£
/efsion. moft men being -ble todifcover in themselves
the cqu-ty of their ownc actions , as the PofletTour
doth the Conven:cncy of them. Though we cannot
make a mixture of Keafbn and authority, yet we may
maf.eanvxtu cofreafbnand bedicrce: Forourrca-
fons andanodicrs rmthprity relate to fepintedperfons,
butourreaions and our owne c bedience relareco the
iamepei/bns, fothatitisbiit rea/.-nabe, juft, ardNe-
ceilary, that we obey thole, who in go? >d and Con ve*
dent things 3 command and Plenarily pofleffc us.
Hcrt
058)
Here therefore after fo many Arguments of Scrip
ture and Reaion , I fhall conclude all with that me
morable advice of Saint Aujlm9 after he had considered
thetranflationsof the foure great ImperiaJl Seats from
one quarter of the world to another , the confufions
which Goths, Hun^ and Randalls had brought upon lta~
Iy9 Greece , and Affric^ the diforders and Usurpations
of the Romane Empire in it lelfe 5 the Change* of Go
vernment which the Romans made in other conquered
Countries , and the putting to death fo many Royall
families of feverall Kingdomes , after they had fery'oas
Ludibria fortun/e to adorne their Triumphs at Rome;
the good Father ( I fay ) could not Leave that fad Me*
dilation, without bequeathing this important advice as
a Legacy for all the World which mould come after
him, Quantum ergo pertinet adhancl>itammortalium3 qu*
paucis diebw ducitur & finitur 3 q uid inter eft fubcu jus lm-
perio Yftat homo morituras 9 fi iliifjuiimperantadimpia(f
iniquanon cogant? Nam quid inter fit ad incolumitatem,
bonofg mores 3 {pifeiAS bominwn dignitates } quod alii W-
(trunt , AH titti font .omnino non T>ideo , prater ilium
gloria bumante inaniffimtan fafttnn , in quo illi perceperunt
mercedem fttam , qui ejitf ingenti cupiaitate a'/dent. TKac
js; For (b mud, therefore as concerncs this anxious Jif«
of ours , which is begun and ended m very few dayes,
what matters it under whole government we, who are
thus hourely expiring, Live, if they, (who ere they be
that rule over us ) command us not Impious things *
For I cannot any waves perceive whit advantage it is, '
cichertoour Safety, to integrity of Life and manners,
and to thereall dignities of men, that fqme are Con-
querours , others are conquered , unlcile it be , diat
there is no footing left for our vaine aspirings » after
which whoever are petulantly carried^they have already
received all their reward in this life. Aug. Cil>. 3)ei. 1.$.
id? 17. He who cannot lee a fanilitude betwixt this
hoi y ad vice , and the confus d time oat of which Auftto
deduced it , and thole confus'd Governments fetdowne
-tthc beginning «f this bookc, with tiie Conclusion
tlicnce
f'59)
thence inferr'd, Vi%. That all Go+crnours "kbo plenarily
fq/ftfle Nations, may be obey 4 m LA"* full things > Idefirc
he would not take f candall at my Pity of him^ That af.
ter the dethroning of his Reafon , he (hould hold him-
fclfe oblig'd to obey Paflion , when it ibplenarily pof^.
fefleshim, and yet not allow Nadons pknarily Pot
feft by Civill Powers, to obey them even in reasonable
and LawfcH things.
Th«
The third Part?
Wherein it is examined :
The nature of Warre beinconfiftent
with the nature of the Chriftian
Religion /
OR,
Whether fome War may not now be
lawfull in the State of the Gofpel £
CHAP. I.
£ I. Tfc defcription of Wane.
2. Bellumquaredkitura belluis.
2. Wbal it is to be unjufty or unlawful!.
4. Society twofold.
i&ilft all the Chriftian world is i.nbroyl'd in
Warre, and that the very ftate of mankinde
is nothing elfe but Status belli ; yet not a few
perhaps of the beft Chriftians findc their
Confciencescheck't, as if they had an Interdict from
Heaven retraining them (even in the extremelt necef-
fities ) from defending their Perfons and teinporall
Rights by the effufion of humane bioud, They conceive
iuch
.(1*2)
city, they liv'd in a Community free from aIl>Alarms,
fa ve of the beafts of the field : Wherefore their Warre
then was totally againft them ; and hence we lee the
heads of Lyons, Bears, Bores, &c. for the ancient marks
of our anceftors honors: And v\ hen men came to be more
civill by living nearer together in Cities 'for Civility
is deriv d a cfoitate) they itill kept thole Armes > which
now we hold derived fnxn them.
Warre therefore was firft againft Beafts , and after
wards againft thole who were like Beafts ; in bringing
the lame cftefh ofmilery on us which Beafts did, in
deftroying our fubfiftence 3 in devouring us and our
children , in cha(jn» us from our habitations, in keeping
us in perpetuail frights, and in taking the iweat of our
"browesfrom us. They therefore who knew God and
nature permitted them to deftroy deftroying Beafts,
thought they had a larger Commiffion to deftrpy luch
kind of men; who though they were of their owne
kinde, yet they were worferhen Beafis, and dkj that
harme which the Bcaft of the field knew not hoW to
doe: Sothit the Proverb of this malicious vermin is
not impertinent., Homo bsmini ( non Li$ivs fed.) $)<e-
h. But to (peak nearer to the definition of Warre,
It is n ot I«T datumfceleri ; ^utapubliqueproficution of lu- '•
fticeby force > e*en tatbe effufion 6 f humane blond. The;
better to undcrftand it, we are to conceive, that there
where a Court of Juttice ends, and is not able to pur
us in poflcfsion of our rights by its paper-power,
there the law of Warre begins, and makes every Soul-
dier a Sergeant : andhencekiscongruoully faid, that
Inter arma ncce/fario filent leges : For in naturall realon,
what ca n be oppofed to force but force ? Yet J uft ice and
Equity rna y be confifteut with force: Hence the Mbe-
nians acknowledged Atothe Founder of thek famous
Senate, and from him call'd it Areopagitf.
4. What is it to be im juft or unlawfull ? That is pro
perly unj'uft, which hath a repugnancy , a difconveai-
cace, orinqonftftency witlithc nature of humane So
ciety
ciety and Communion ; as for a man to take violently
from another to enrich himfelfe.
5 . But Society is twofold. Firft, Eyuall, where both
are in equall partncrfhip o£gaineand loffe,and as is be
twixt Brothers^ Friends, Citizens, &c. Secondly, Vn-
eguall, as betwixt a Father and his Children , Matters
and Servants, Magiftrates and People, God and man?
Betwixt whom there is ibmething mutually due upon
fiippofition of, and the ) atitude of the relation to , /b~
ciety. The uie of this distinction will appeare in the
following difcotiries.
CHAP. II.
Whether all Warre be unla wfull in order to
the Lawes of nature >
$. i. Vyon what matters iawfull Warre is grounded,
2. What things are equivalent to life.
3 . Three conditions prtrequifite to a juf Warre,
4. How Innocents may be innccetitlyfiune.
5. Wherein Gods Dominion over us ccnjifif.
6. Concerning Gods deftroymz of Innvce/us.
7. Concerning Abrahams W^rres.
S. All cafes of Warre not written m\b the KraelitesM/-
Utia.
TTHe Answer to the Queftion of this Chanter isNcga-
•*• tive : Becaufc nature recommends i»s to an internal!
honefty and equity; asaHoto our owne preiervarion.,
andtheacquiiition of thoie things \vithoui. which we
cannot be prefervcd • Provided they be not unjujftiy
taken away fi'om the due prelervacion of others.
t. I fay in profccutioa of that without which we can-
Is* 2 flot
C '64)
not be prefer ved. For as Warre introduces the greateft
of evils, i>i^t the taking away of mens lives, and that
which iseqir valent to life : fo right reafbn and equity
tel;s us that it ought not to be undertaken without the
greaccftcauie., which is the keeping of our lives, and
that without which our lives cannot be kept , or if they
could be kept , yet they would not be of any value to us,
feeing there may be «? life wot fe then death. Wherefore
as we are forbid to ^oe to law for a little occafion, fo we
are not to goe to V Var bui for the greatefi
2. But *bat are tbofe things "tobicb are equivalent to a
wans life * T hole t J lines may be beft collected out of the
cafes wherein God himfelfe (in the Law he pave the
Ifraelites ) pronounc't fen ence of death ; They are ma
ny and different., and I {hill only point at a few of
them Gods indifpurabl - J uttice therefore inflicted the
famepunifhmenton breakers into houfes, breakers of
marriage fidelity, publifhcrsof a falfe Religion, and
on thofe who rage in unnatural 1 lufts , together with ma
ny others : I lay he inflicted the fame Capitall punifh-
mentonthem which he did on murtherers,2 'berefore they
are cafes equivalent to a mam life.
3. I fay moreover,Thatitmiiftbe fb, that for our own
prefcrvation we take not unjuftiy fromrhe due prefer-
vation of others. That we might lawfully invade mens
perfbns or goods by VVarrc, one of thcfe three con
ditions is rcquifite. I . Necefliry, according to the tacite
contra 6t in tiiefirit dividing of goods, as is fhew'd in
the firft part. 2. A debt. 3 .A mans ill merit ; as when he
cioth great wrong , or takes pare with thofe who doe it,
as the reft of the fienjamites did with thofe who fbrc't
the Concubine. Many things may be absolutely necef-
fary forourfubliftence , which yet we may not take
from the right of others, efpecial.'y if they be in rhe like
calamity : for then the ru!e holds, that In part jure pctior
eft conditio pdftidentis. Thus no Admiralty judges k
theft, ifadiftreffedfhip forcibly takes water from an-
.othcr , which hath more rhen in humane probability will
Jf one would, afflicl: my
perfbn,
perfbn. Nature fhewes me the way how I may defend
my fetfe, and reaion fees the meaiure. God and natunll
equity required eye for eye and tooth for tooth , but no
more: becaufe all paine above., was but LitisfaCtion
in opinion, and center 'd no reall advantage to the firft
iufferer : Wherefore God might juftly lay R evenge was
his, and he would repay it. When a life muft be loft Fa-
"borabiliorcftmihipo/Jcjtio & prefertatio animtf me* guam
aliens.
Objett, It is objected , That in naturall reafbn and
equity, the punifhment ought to be no greater then the
offence., nor the payment greater then the debt; lifdcm
mo du in delicti part cm quis1?enit3 quo in damni dati; For
cnc houfe pillaged,or a few catteil driven away,a whole
K income is not to be laid deiert. Though n Civill
cau/es Children ought to pay their Parents reall obliga
tions , yet in Criminall cauies they ought not to be
charged with their perfbnall engagements; To cut off a
few nocent.wcarenottocutofF'TuItitudes of Inr.ocents,
fuch as are woemen and Children (as in fieees and other
depopula ions ) of whom the one is to be fpared for Iex3
the other for want of age.
Heffo r adejl fecwnqi ®eos in pYtdia ducit,
(*uajg ruit mor$ e/ljantum trabit ills timoiis.
But what is there to be feared from them who know
not what Armes are.' Godsjuttice would nor that in
Sodome the juft mould perifh with the unjuft; northofe
in Ninety who knew not their right hand from their
lefr. A woman vvith-child condemned to dye , fuffers
notti'lfhebe brought to bed: Armies come actually
reiolv'd, yeaoblig'd, to cut offeach the other; but the
fame is not to be apprehended in women and children,
though they be never fb great a multitude together.
VVarre isalwavesa Phyficktoo ftrong, which entring
thehody with a force greater then the infirmity 3 muft
needs innreafe the diftemrer, and like thunder purging
the bad qualities, corrupt the good. Therefore by all
this its evident, that VVarre is againft equity and na
ture.
M 3
An /". To all this I anfwer, That Innocents are not di-
rcftlydefigncdcopuniflu'nent, nor to pay chat which
tlicydonotowe. But if the cafe be fuch, that they who
are innocent rnuft perifh, or live a life worle then death
by the cruelty of an Enemy,, then to protect their inno-
cency. all may be done by thofe innocents that extreme
necefiity pen-nits ; and iftheir gu iky Enemy obftinately
refafirrg to do right in fuch a cafe,in volve innocents like-
wife on his fide, and in his dangers, then that guilty
Enemy; is to anfwer for the effects of his own acts. And
certaine it is,, that the ri^ht whereby a man may de
fend his life by killing him who would take it from
him, is not alwaies because the invadour is faultv, but
by reafbh of that right which Nature hadi given every
man in pre/erving himfelfe ; as is larglier proved in the
fir ft part, and by the fecond, ctp.i. They therefore who
thus innocently take up armes, are as little guilty oftheir
evilleffe&s, as he is of the i!l fmell; which fcllpwes
his cieanuag a chanel. VVe know that a Chirurgion in
drefsing a wound, purs a man oft to greater paine, then
the affafsinate did who gave it : yea, we know noevill
which can be cur'd, but by another; and thus itisdiat
byperillweefcapeperill. That Query which fervesto
guide us in other cafes, will fetve^as well in this, i»/^.
i?uiscAufamdecierit / And if they who occaiion fo ma
ny evills would ptcfentthemfel yes to Juftice, then thofe
would be all avoided: But there are few Jonas s now
adaies, and too many $cnjam\tcsy who chufeto fee all
ruin'd witii themselves, rather then give up thoic to Ju-
iiicewhoarcguilty.
5-. A%s for God's Juffice in War, or other punifh-
mentsof'hisEiicmics. lanfvvef, That though he have
more ri^htby a thoufand times to Rill us> then we have
to kiil dunghi.l Flies , in reflect of his abiolute domini-*
on. vet he never doth the lea ft a6t of injuftice. True it
isi mat he made us out of his own matter,, and at his
QWO ccft and pannes ; Is ttKtetnqui mn fo'amoperam pr<e-
ftitit, fed & partemfolttmnwdo materi<tdedit3JpecieidQmi-
fo that being of. Gods intire fpecifkation we can
claime
OMW
claime no right at all in our felvcs j and having no right
he can do us no wrong. Notwithftanding by hi? fires
goodness he hath inVeiied us in iome right, both by Pro-
mife, Oath, and Covenant, by which it u imr-oftible,
as b'aint(ZW faith, that he {hould play falie with us ; io
chat though he may fecm to treat us unjuftly here, yet he
can and will recompence it hat>pilier to us in another
world, whereas dunghill Flics ty his holy will are not
capable of another life: But thequeftion is, Whether
God before the Lefto of the G of pell did not the fame thing
Itobicb is here objected as unjuft ?
6. It is evident that God fpared not the very Infants
of che flubborne Nations ; and though he laid he would
not punifh thole who were innocent in Sodom together
with.thenocent yet he flew the children; and ftillpu-
nifhes the parents in their children to the third and fourth
generation: Yea., <Da\>id pronounces a bleffing on them
who fhal 1 ta ke the y ounp children of Babylon, and dafh
their jbraines againft the ftones. Wherefore out ofthac
which God de facto hath done, we may fafely conclude,
That though God had flaine thole in Ninette who knew
not the right hand from the left, yet he would not have
been unjuft for that.
7. Arg, Seft.j. Abraham received no cxpreflc C"om-
maad to fight with the foure Kings r yet God e<prefly
approved of it after the battell, and bleft him for it, by
Melchijedech : It remaines then that Abraham arm a
himlelf by the Commiflion of Nature, or by the light of
naturall Equity : Therefore all War is not repugnant
to the 1 aws of Nature.
jfrg.S. EccL%. Salomon faith there isafeafonfitfor
everv thing. A time to kill, and a time to heale; a
timetolove, an da time to hate; a time of War, and
a time of Peace Thet cfore V Var is not fimply bad,nor
contrary to the' love -which we naturally owe to our
neighbour, no more then a fathers beating his child is
alwaies an argument of an alienated affe&ion, or that
a man abhors himfelf becaufe he now and then di£>
members himfelf,
M 4 ~ &
• Ke pmpncera trabatur.
9. Arg. Sett. 8. God let the Ifraelites a Militia, yet
numbers notup all the occafions and caufes which might
j uftly move them to wage War. Therefore it remaines
tfoat.iniMtttraUrfafon the caufes maybeeafiiy comprehended
andfowdoHtliyouzfelves. Such as was (according to
'Grotius) leptbes VV"arre for maintaining his Frontiers
agaififtthe/ftwpw/m, and (Davids for his Ambaflfadours
being abufed. It is not againftnaturall equity, that a
man fhculd faffer as much as he made another fuf-
fer : Cain out of th is fenfe, gave fentence of death aga jnft
himfelfe, BeTbkoJballJjndeme "toil/flay me.
Seeing therefore warre was lawrull in Nature , and
under the 1 aw , the maine difficulty now will be to
Icnow— '
CHAP. III.
Whether all Warre be unlawfull by the
Law of the Gofpell ?
^. i. The Law of Nature bow fane unalterable. Why
difficult to find? out what theLaw of Nature is.
2 . Capiull Inftice ft ill lawfull.
3. How the MagipMte carries not tbefaordinvaine.
4. The durance of tbejudicail Law> in Jutka, f/#Jeru-
falem was dcftroycd.
5 • The Judicial! Lew not yet totally abolifii.
6. Whether tbey who have committed fmgle theft and
without violence ought to fuffer death ? which mcftpu-
vf/habkt Adultery., orfmple theft ?
7. Of the fottre Monarchies.
8. 7fc neccfsity of Magistracy. Whether Magijlracy
jbtutt
ffjouldbwe been, though man bad not fain? None fo
fit to be a Magiftrate as a Cbrijlian.
t . T dare not be fb hardy as fbme who fay , That the
ALaw of Nature is (b mtrinlecally good, right and
reasonable, that it is immutable : Co that as if warre
were once iaw/ull bv the t aw of Nature, for that rea-
fbnitfiiould of abiblute nece/Jity be to ftill under the
Law of the Go/pell. For the 1 aw of Nature is unalte
rable only in what it commands to CThe UwofNa ?
' be omitted or committed^not in what < nire how far un- >
it permitted, that is in Pr<ecfptis & c alterable. y
Vetitis , non in wdiis licitis. Thofe <Pr<ecepta e^ vetita re
late moft to the firft Table f and to the ninth Comman-
dement a^ain/Hying ) where warrc hath not its place.
For as there are many things relating to God, which
he cannot difpence himfelfe from , 16 there are many
things relating to himfelte, which he cannot difpence
us from. Thus we muft ever worfliip God in Spirit
and Truth > becaule he ever is both (pint and truth. But
weknownot what the I aw of Na-/- why difficult}
ture is, because we cannot penetrate \ to finde out C
rioht reafon. God at the beginning^ what the Law {
fhed light into the world without al ofNatureis. j
Sunne ; but after deriv'd it from the grofTenefle of that
Planet, perhaps to ty pi fie two things to us.
Firft, the Sabbath, that man fhould obftrve the firft
day and light holily to his Creator abftra&ed and free
from ail fe; ifible actions , according to that Light which
derives not from Nature,
Secondly, that Light might fignifie the light of mans
undemanding , which at firft was fitted with infilled
knowledge only , and acquired or derived nothing
from fence, or from any created thing. For Adam by
fomeof his firft adts, -in the firft Sabbath djy , chri-
ftened ( as I may lo lay) all me creatures with proper
and lignificant names,, as the true Godfather brp'i^hc
them to him in their infancies : But when the Devils ill
breath hadiullicd tliatdearemirrour, thendiisJuper-
nawrall
C'7°)
aaturali light was intercepted, and he left for halfe his
lime in night and darknefle , and to be^in his icienc e at
fence; which is fo clouded and rounded with unequall
medians, tnatwe rarelydi {cover ftraight things other-
wife then in refraction, as O wers in water, according to
the diftemper I»>ew4//fpeakes of,
•••" Cum jam ttertigme telium
Ambulat, grgeminis exfurgit menfa Lucernis.
Every thing therefore iporcs with us now, as the Phili-
fftrims boyes arfti gkles did with Sampfon after his eyes
\vere out : and as ttoabs children had their Maternals
wipNt out of their mouthes, fb had we Natures firft lei-
fons out af our memories, and loftn J ri^hc rcalon, wee
left the right rules of our Actions. Our Lawes define
that of Nature thus ; lus natur* e/k gu&dnafuraomnia ani-
yaaliadodtit : But this is extremely faulty; for it is both
large y and too narrd^ : It is too large, in rc(pe6l of the
, becaufe it takes in irrational! creatures, and ftoo
b,in the refpc6t of the obje ^,becauie it comprehends
oncly thofeac^s which we have in common with beafts,
andnotthofe which wee have properly as men. The
mtutus ce!en<li$)eMn>ort\\efoer*ll'toaies ofdoingbomage or
*affak£e td our Lsrd.is a thing which God held alterable,
and (b alwaies did Nature : for God and Nature com-
{ Rom.?. "7 manded the fame things; the Gentiles who
*4- *$• /had not the Law, doing by Nacure the things
contained in the Law. So that 'Scbluhtinviw faith ill,
that Lux tyligienis tollit legem nature. For though our
Religion hath in it many things above Nature, yet it
hath nothing in it properly (b contrary ro it, as to take it
away. What Nature laith concernin? the I awes of the
iecond Ttb'e is much altercable; for if they be according
to Nature unalterable, and that God and Nature goe to
gether, then we ice evident contradiction. God com
manding Abraham to kill his innocent ion,
Si non utfontemfaltem ut T>ictimum,
and the Ifraelites to carry away, not the King of j£gvpts
good?7who had ib much wrong'd them( for its lik.'y they
were not ib familiar as to borrow of hira^ but the peo
ples.
('70
pies. Thus therefore I prove that fbmc warre is ftill per
mitted under the Goipell.
j Arg. Sett. 2. Gods primary interdict f Gen. 9. $. 6.~}
of (bedding humane blood, and his re- ) Capital ! Ju C
quiring it againe, is no more then what^ M& ftili *aw- C
was expreffely enjoyned in the Sixth Cft»U-
Commandement afterwards ; which Gommandcmcnt
after it was given, was no impediment either to capita 1!
punifhments, or to warre : But that Commandeoicnt is
.not abrogated, nor capitall Juftice now interdi died ei
ther by it or any other injunction of charity, as after
wards will more evidently appeare. Therefore feme
warre is {till lawful!, which is nothinsel/cbut Capitall
Juftice ; and is not the lefle unlawful! , because others
forcibly oppofe it, and make it calamitous thereby, But
on the contrary.
2. Arg.Gods Juflice tnuft ft ill have controverfies with
the unrighteous ; and by the fame reaion that hee ftill
continues exterminating Angels, hee continues the
power of the {word in tl^e hands of Princes and Gover-
nours, jfbi the vindication of that which was ever mo
rally binding , and by Gods approbationoccafioned
cruel! warres even betwixt Jew -and Jew. And if any
Analogical! collection be of force, we may coherently
inferre, T hat if God placed fire and iword at the entry
of the earthly Paradife, to repulfe their entry who would
prophane it 6y adoring a fa l(e Deity, why then may not
his Church be defended bythefame meanes? Chrifls
hand fo accuftomed to give bleffings and healings , was
never arm'd to give (iripes but in order to this. Not as if
his intent was to force his Religion , or any then to the
A Itars^ but rather to iegregate the impure Profeflbr from
diftui bit|g the pure ; for they all profeft the fame God.
All the 1 words & whips in the world-cannot conftrainc
a man to preieat God the pure {acrifice of me heart ; Its
Gods reierved prerogative to move that by his ipirit in
the new Creation,as well as he did the indifpofcd mafTc
by it in the old, Freemen \verc never dragg'd to the Al
tars, neither were thofe vidims facrificed, whrfh led un-
quietly to the Temple. 3«^y£.
3. Arg.Iohn 18.31, 36. Pilate anfwered, thine owne
Nation and the chiete Pricfts have delivered thee unto
me ; what haft thou done / J efiis anfwered3 My King-
dome is not of this world •' i t my Kingdome were of this
world, then would rny fcrvants fight, that Ifhouldnot
be delivered to the Jewes f Chrift whole lawes iymbo-
hz d not at all with thofe which relate to the meum and
tunm of this world, would rot ieekethe protection of
{Aft. 18 1 them from earthly force. But withall hee
*4 15- jclearely denotes this to us, That they whofc
rights and Kingdomes are of this world , may defend
themf elves by this right of warre.
4. Arg. Sett. 3 . Kingly power is ftill lawful!,, for Saint
T how the Magi- >!?4#/in vitcd Nero and King Agrippa to
Jflrate carries C the Cfiriflian faith, without any inti-
^ not the fword C mation that they oupht thereby to de-
C in vame ) relinqui(h their Crownes ; but on rhe
contrary that they carried not the fword in vaine, which
y et were in vaine if they might not therewith have pu
if i
{Roui. 7nifht capirall offences with death ; and if io,
i?- *then by juft confeqwence profecute Juftice
by War, in which the worft is but death.
0&/' To this argument there are two anfwers: Firft,
that though execution bee not done by the Magiftrates
fword at all^yet it may not be (aid to be carried in vaine;
for it may be carried ad terror em. Secondly That S aint
*paul tacitly diffwaded King Agrippa from exercifin^ any
C 7 function ofblood in wifhing him altoge-
< AQs 26. ^thcr/iichas himielfe was fa ving being in
C 29. j his bonds.
Mf. To the firft I reply, th^tifallmencertafnely
knew that the Mig-ftrate would not, and durft not
make ufe of his fword, then it would never be ad terro-
rmtoanv except to hiinfelfr, becaufe according to this
law any R ogue might take it from him and execute him
therewith moftiecurely. To the Second I anfwer, t! at
that el^ant pece of Sa'nt 'Pauls Rhetorick is to bee
with a temper and according to his icope,
furely he would have ipbken boldly of it even to the fa
ces of the Potentates of the earth, and wi jiout mincing
it, or of leaving it co each m \ns particular logick to bee
deduced but of the Ana 'ogy of his Religion, efpecially
when there are luch flrong prefampt ons againiifncha
dedu6Hon. God put the rules of Religion and of Go-
vernement into Moyfes his hand at the lame time, and
yet wicke.'nefle could not then bee refrained by force,
muchleffecanitbenow without it. Here Scblichtingim
replies, That wickednefle is beft reftrain d by the L aws
ofChrift.
I anfwer, this is very true, but it fa^ves nor the doubt.
For it is here queftioned what may be done by Gover-
nours, when tie fatto wickednefTc is neither reftrain'd by
' Chrifts L awes.nor by any other confo mable to Chrifts.
Arg. 6. Paul ioughta^uardof So' Idiers ; and ^ffs 25.
1 1. he faith ofhimielfe. If 1 have committed any rhing
worth v of death, I refute not to die. Therefore Saint
.Pdtt/thoupht, even afterthe Go/pel' publifhr, that there
were iome crimes which might y t be punifht by the
Ma^iftrare with death. And ifhee had commission to
declare hell to tho'e who flio' ild doe capital1 Jufticeac-
cording to a law but immediately before lawf. 11, then he
would not have fa: dth it which was Quite contrary to:
It, and (b have confirmed them in a damnable ei rour,
atleaft by his filence when he.S \vas bound openly to
fpeake theqomwry • Arg* 7*
C'74)
Arg. 7. Se#. 4. It cannot be fhewed by any indu&ion
/ The durance of ^ out of the Scripcure, That the Judicial!
yhe Judicial! /Law of the leTbes Common- Wealth
^law in Judea>(vvhich contained capital Punifhmeqts
)till JerufafemV and War)did aclually ceate till leritfa-
i was
quail that it fhould be in force with the Ie><? s, after they
ceas'dtobeapeople, and C beiqgmade a Roman Pro
vince ) were without hope of freeing thcmfcl ves from
that Goverment. Neither did Mofes9 who wrote thole
Lawes, prefix a terme of time to the durance or expiring
of them ; Neither did Chrift or his Apoftles ( whofe ve
ry office it was to tell us all^ that would exclude us from
Salvation) ever ipeake of the expiring of luch a Law ;
unieflfe it were implicitly comprehended in Chrifts pro
phetic of the defltu&ion of lerufale m ; which was the
expiring of the IeV>es Common wealth onely. B ut the
quite contrary is moft apparent: For after Chrift was
afcended, and the Holy-Ghoft was descended, and that
the Apoftles were lent with fufficicnc inftru£lions to
teachail Nations all that which was lufficient to bring
them to Heaven,! fay after all this,Saint Paul avowed the
JudiciallLaw. For in his plea for h'S life, hee argued,
C Ad. 25. 8, p ') that he had done nothing againft the
< / 1 aw of the leTbes, which was the Ju-
< Ads 25- 3. 3 diciall- And in another place he laid
the High Prieft was then to give judgement according
to the Law offrfofes, which was ftill the Judiciall,inthe
difpenfation whereof the High Prieft was as a Civill '
Judge, And Chrift came not to take away the Law,but
to fulfill it, by filling onely the Rituall fludowes with
his fubftance : A miracle which no body but his could \
doe, to take away, and not make a fhaddow. So that if •
their Law of government lafted unblameable fo lon^ as j
their Common- Wealth flood , andth^tthe Chriftran «
Religion as it was profeft by the Apoftles, afcer the de-
Icent of the Holy-Ghoft, was as iufhcient to bring men
to Heaven as it is now^ then le^es converted needed not
at that time to have quit their Magiftracy, neither ought
they
But for a further ftrengihening this principal! Ar
gument I conceive we may goc a little farther then this,
and fay with iome other Do&ors (whofe ^fhe Jndiei-
arguments I fhall here inculcate) thatv,|jLaw ^
GodneVer yet totally tboli/bttbe Judicial } yet totally
toft-, but onely in thofe parts whichA aboii^ht.
were proper to the Jewes Common-/
Wealth, as the freeing of Hebrew Ser-^ Exod. 21.2..
vants in thefeventh ycare ; The marriage C Dent. 2$. 6. 7
of a Brothers Widow in cafe heedied^ ?*
without fbns ; And of marriage betwixt C ^im- l6**- >
thofe alwaics who were of the fame Tribe, But it was
not abolifht in thofe things which areimmutibleand
concerne all Nations, and by reafbn of die equity of
them, many learned men conceive that even the Gre
cian L awes were, derived from tl icrce, as from them the
12. Tables, and thence the Civill Law was deduced t*
us. The reafon of the former is , Becaufe thofe things
which were peculiar to the ftVns cannot be laid common
to die Government of all Christian pcopk, Thcr^aloa
of the latter is, Fir(r,
(I76)
Firft, Becaufe if all thofe Judiciall Lawes were abro
gated, then there are none left in the word of God ; and
if ib ; Ho)V> 1 ben is it true tkat tke "toord of God cmtaines per-
fettly the precepts of a! I Mora! I l>ertues ? For according to
this it would be deftitute of d iftributi vc luttice., and io be
imperfect in a principal! vertue.
Secondly, if all Judicial! Lawes be abolifhtiiniver/al-
ly, then there will be no cer aine rule for punifhment, but
according as each Magiftrate fhall judge it juft or unjuft,
fohe {hall doe and it will be juft; So that if Adultery
(hall be death in one Countrey, and not in another, both
Will be juft.
Thirdly, if they be all univerfally abolifht ; then of
thefe two one i/iuft needs be ; That God in the new Te-
ftament commanded not the Magirtrateto punifh wick-
ednefle ( which is falle 3{om. 13. ) Or if in generall hee
commanded it and did not pre/cribe how punifhment
Should be proportioned to wickednefle, he then left it to
the arbitrary w il of the Magiftrate. But this is abfiird.
For the Magiftrate as a man may ci re, and therefore it is
not to be iuppos'd that God left it fblely to his will . Be-
fides,, when the Magiftrate (hall punifh, he mufl needs
doe it with a confcience doubting whether he hath pro
portioned his punifhment rightly or no. But fym. 14,2 3.
What ever is done with a fluftuatine conicience is ill
done.Upon this ground Mofes twice durft C .
not pronounce * fentence on thofe who< J;evlt 24« I
were great offenders. God hath prefcri- C*(]
bed punifhrncnts for his Church, and hath hee none for
Stages ? Isitbecaufe he would have that doe juHly and
thefe not • or that he hath a care of his Church,and nor of
Common-Wealth s^of which he is AurhouriSom - Po
liticians have thought pood to retaine fbme parts & not
others of Mofes his Judiciall Law, even fuch as by a
common rea ion relate to a 11 men and not to j ewes par
ticularly, "further and Adultery were in that L awe-
qua lly punifht with..death, but fimple theft was not.
However fome States have altcr'd thcfe parts of divine
anduniverfalljufticefofarrej as to m,akc one ofthefev
fi/7)
which was by Gods orJcr Capital! , not ro be- 16 ; 2nd
that which was not Capital!, now to be !b. "*cf the
fame States cannot pretend to be (6 Legiflative as to
make that no finne which was and is a finnc, nor to
iliakeitajefleiinnc; How then can they juilly change
the piinilhments which God ordered them ?
Fourthlv, It is but congruous to conclude, that if
Got! have fuch a care of Families, as ro make L awes
for the private focicties of Husband and Wife, of Pa
rents and Children, of Mates and fervants , he hath
then provided Lawes for the regiment of publique So
cieties, in the temper of publiquc, lawes and punifh-
nicnts, which other wife might become the greatest in*
juftice.
Oh. It is objected. That Mo/es his Lawes are net
fitted to determine all thole cafes which may now
happen.
Anf. I anfwer, That God thought them /iifHci^nt fen*
the accidents and time of the J ewes Gorrtrnon- wealth,
which was i 600 yeares ; and how can f l)cur. 1 7 9> 1
any man prove that the like cafes hap- L '°> i r. f
nrd not then in that 1 >ng time which happen ordinaril/
now-' A Law is a rule, and if the Author of it be per
fectly wile, perfectly juft, and perfectly good, theil
his rule cannot but be likewise perfect. Though it be
granted that all caies are not de/in'd by Mofes exprefle-
iy, yet the perfection of his Lawes requires , that we
fay no cafe can now happen which imy not be deter
mined by fbme A naiogy with that which is expreft ; of
things which are alike, the equity and judgement ought
to belike. For example , Exod. 1i. 53 , 34. If a nun
{hall di^ a pit, and not cover it, smd an Oxe or an Aflfe
ftiallfall there n,the owner of the pit flail make it good,
but the dead bca ft (hall be his. B ut what if a horfe or
a fiieep ( which -is not named ) fhould fall therein ?
From the analogy it iseafie to concede the eq-iity.
Ob. It may be againe objected, That the Gofp4
doth not ^.bolifh particular Common-wealdis ; there*
fore it permits each State ies ownc Lawes , and thcre-
N fore
fore our Magistrates are not oblig'd to Gods Judicial!
Lawes.
Anf. lanfwerj ThatastheGofpelabolifhesnot the
fevcrall States of men, but corre&s and reformes diem,
ib doth it not abolifh, but correct and rcfbrme States
and Magistrates, Mat. 14. 3, 4.
For preffing the further conlequence of this Argument,
I /hall propound this qucftion ;
Queft. Sett. 6. Whether they V'bohaVe committed Jim-
pie theft3and "toitbout Violence t ought tofuffer death >
Gods Judiciall Law permitted it not; butmoderne
States thirike:hat that Law now would not be equita
ble, and therefore ought not to oblige. For it is,fay they,
an ordinary rule of J uftice ., That "ftickgdnejje increafing,
pnnijhmentsfhouldlikjtyife he proportionally increaficl.
In04>/Vjtime the children of lirael had chang'd fo
much from their former fimplitity, that he then dilpcnc t
hi mfelfe from the letter of the Judiciall Law: For when
the Prophet Nathan told him, that a rich man had ta
ken from a poore his only lambe , he preiently gave (en-
tence that the rich man fhould dye, and reftorc tht lambe
fourefold.
Anf. To all this I anfwer : Firfi,that if God thought
it once juftice that they who committed fimple theft
Iliouldnotdye , then it is againft the ordinary rule of
e quity that they now iliould dye, only by humane au-
tiiority : juftitia enimfemper fccjuitw par tern mitiorem.
Secondly, If punilhments may be fo exafperated and
C VVhrch moftpu- ) heightned , that that which was
^nifliab!c,Adulte- > not capital] [before, may juftly be-
C ry or fnnple thefr. ) comecapitall now ; then noreafon
can be alleged, why theevesihould now fufter death,
and fbrnica tors not.
The Commandemcnt which forbids ftealing a mans
goods, follows that which forbids ftealin^ away his
honour : and good rcafbn for it ; becauie he is to leave
all goods and relations to maintaine the poffe'Iion of
this.
Thirdly, it isilljuppos'dthatthe fins of thefe time,
exceed
r 17?)
exceed thole of the Ancients, both in quantity and qua
lity. Gods punifhment on Sodom and Gomorrah, and
of the univerfall deluge, argues the contrary : Moreover
our Saviour exaggerating the Iniquities of the laft times
iaith they fhall be like thole of Noah and Lot.
Thcinftance in (Davids palsionatc fente nee proves no
thing : He gave Icntcnce of death- again/I all ^L^ais
houle , which was not therefore jull. Neither was thac
piven agan<?/>/#rnoreequta- f a Sam
ble whole (ervant mi/informed
_
. on purpole to fbare in his Matters eftate.
Belidesit was fuppos'd to have been , not a fimple
theft, but a theft with violence and rapine, and therefore
<Dabid might juftly give Sentence of death upon the
theefe. V Vherefore the encreafe of the fame impiet ic*
encreafes the fame punishment according to the fame
quantity extensively only, and not according to the
quality or intend vely. For it is not the number of of
fenders , but the quality of the offence which proporti
ons punidiments. C ut ofall this itfolIows,ThatChrift?
Lawes tookc away thofe of Mofe* only in thole rc-
Ipeiri , whereby JW was feparated from Gentile , that
lo place might bs marie for die extension of a'Ca-
tholiouc Ciiurch, and for an univerfall Communion
of Saints. Thole things therefore TPliJl. 4. e. '?
which are of mtr:n{icallhone(ly and \j Cor. n i?, 14 3
piety, and which are common to all men in the Judi-
ciallLaw, arc If ill in force, and by that conference:
fbisCapitallPaniniment and War.
8 Ar?. ?ect. 7. Thefoure great Monarchies which
ruled in the world were by Gods Invfull appointment;
and according to the Prophet Daniel y the laft (hail ftand
t o the worlds end^, and rill the Saints of Chrif? poflc {fe
thatKin^dorncof his which endures for ever and ever,
2)/m.7.2i, 22. For out of the ten Homes, (or Pro
vinces) which were in' the head of the lail Dealt (or
Monarchy) 1?. 24. another Home fhail arife (the Turl(f}
and mail make three Homes or Provinces fall, which
are according to inte: peters , Ea-ypt^ Ajia and Greece*
N 2 He
He fhall fpcak great words againft the moft high , ( in
his Blafpherny againft Chrift) andthinke to change
times and Lawes, (by his new Religion) and becaufe
thefblesof his feet are of Iron therefore he (hallftand
til! the faff, and all the time of his raigne (hall main-*
taine Warre againft the Saints , which Warrc cannot
beiuppos'd but where there is mutuall opposition ; and
yet during this mutuall oppofttion the Profeflburs of
Chrifts Religion may continue Saints, V. 21. And
(%v. 17.16. Thefe Saints (hall exercifc a bloudy Vi
ctory over the Whore of (Babylon. By all whkh it is
evident, that (bme Warre is (till lawfuil under the Chri-
fiian Religion, and (hall be fo till the worlds end*
9. Arg Sect. 8. O ut of rhe fourth Argument it was
prov 'd , That the Magiftrates duty was not to carry the
C Thenccefrry 1 fword in vaine. But becaufe iome fay
.^ of a Magi- > that they who are yet no farther then na-
< firare. j ture , may perhaps have need of fiich a
Magiftrate, and he confequently have ncedoffucha
iwordj but they who have renew'd natures, and are
above L awes and Ordinances ( as true Chriftiansin
their ienfc arc) have no need of any Magiftrate , and
confequentlvnonecdofany fword: Therefore here I
fiiall fhevv that none is lo proper to be a Magiftrate as a
'Chrifthn; and dcfire thole who pretend to be ib refi
ned as if they had no bodies (but to be as Mofes and E~
twin the transfiguration ) thac they \vould humble
themfelves by the 7th. of the Romans , where they fliall
fee Saint Paul (ncmsznlndiVidimm^agum, or an un-
regenerate per/on^ fay, I am Carnall, not that he "ftvtf
onely heretofore Carnall; and>. 24 hectics out, Who
{lull del ftenne from the body of this death? V.22* he faith
'ftillof hiinfcifc Cas regenerated) I deltgbtmtbel^ of
God after the inward man.
I (hall not here difpute Whether it Is congruous
~ -Maftw bwldhaVc hen tho
u&b
bc
rm*tive
onwhat is natural!
ami
and moral]. Secondly, man here is to be confiderd
more as a ibciable then as a (infull creature : and a rc-
ftraining or intimidating power in fociety , is more
commendable in preventing, then in after corrc&ing
finfull adts. Lattly, there is an impreffion of" this pow
er naturally in the hearts ofall men* It is not enough to
objc&here, That man could not have been anyway
intimidated unlefie he had finned firtt ; For that feemes
to cait in doubt the force of Gods firft Law, The day
'tboueate/ltbertoftboujkaltfurely dye: in which. words
there was a threat, which would have been without
effect, if Adam then fhould have been without a ienfc
or apprchenfion of ic. The moral! aad ftanding ground
of Magistracy is in the Fifdi and Eighth Commande-
menrs • Honour thy Father , and Thou {hak noc
flealc.
The Qualification which God un- £ « King. io.p. -J
der the L aw made of a Magistrate ^at \ /
fucbas ia/h/lill, Bxod. i 8. 21. Tbou< Noncfo fit robe >
/bait provide out ofall the people able/* M<*g'{harc as V
men, fmb afeare God , men of truth, * a Chriftian-
hating Co\>etoufnejje, and place fuck 0er the people to be %(u^
let's. But what is there which fo ftri(5tly recommends
andenjoynesthe/c ycrtues as the Christian Religion?
which by the promifes of a better life deprefTes in us the
tumours of ambition and avarice, which are the feeds
of ail publique troubles, one taking too much, the o-
ther giving too litt'e. Cur new i aw therefore moft
reasonably perfwades our Magistrates , like Samuel,
when they are leaving tieir char«cs,r _ * "\
confidently to aske their iubjeas,VSam-12- ***S
whether they have opprefled or defrauded any of them
ofanOxeoran Affe ? For this tore a theft Korfetben
facrilege , as Guevara faith, Antes tomaria lo fie los tem-
plos, que no lode los pueblos; torque leuno esde !os immor-
tdes diofes, yhotro esde los plebeyos polresi which is.tkac
he had rather take from the Gods then from the poore,
becaufe the gods were immortall and unexhautttble. It
any inconvenience in government ari^e, there was ne-
N 3 vet
ver any thing found out lo proper to perfvvade people to
a patient fuftering it, as the Chriftian Religion. ( )tbcf
States permitted there ( as the Lacedemonians) Adulte
ries, Incefts, Murtherings of thofe who were born
with deformities , and of old unfcfviceablc people ,
{1 which makes me conc'udc with the Gof-
Mar/h. 15. jpd ^ thatthe^ire of this world, are the
blindc who lead the b'inde into the precipice ; and mat
to enjoy a happy government , we fhould receive our
orders trom God , who i Tim. 2. 2. hath given us
princes, that for the bontnn animale we may live quietly,
and for the lonum fyirituale holily3 under their protc-
£t.;ons.
CHAP. IV.
Objeftions and Anfwers.
$. i . The Cbriftian Religion wby ntt revealed altogether
by our Saviour.
2. Of Ci>r//?/4?jJMofes his Lawes in order totbecaufs
and tie cffdJ offmns. Or loving our Enemies.
%. Of -toe Jevvcs Enemies. Of unequal! lovs .
q. Of Retaliation^ and of an eye for an eyg. Public/He
vindication of fome private injuries not unlawful! by
the Law of the Go [pel.
5. Wbytbt private retaliation of fame blows wtjuft.
How clemency and punishment goe congruoufly foge-
tkr.
6. What Revenge if.
7. Our difofitions to Enmity and Awty* ?be conveni
ence of our being borne myonent. W0y \bere are more
Enmities
Enmiiks tbenVnions. Way Religion proper 10
more Vnions ibtn Enmities*
8. Wheiber e)e for eye be equilalle.
9. Concerning killing for Religion., andwbjfvemay more
peremptoniyjtij men now for Civill then for Religious
caufes. Civill rights eaftly
i o. Of the repentance o
1 1 . Concerning Peters foatbing bif faord.
12. Ibe Conclusion, perfwading not wiibout extreme nc-
ceflity ID make ufe of tbenakfdfaord.
TTHus/arre I have endeavoured to makecleare, that
L if Chriftspurpofehad been to take away War and
Capita lipunifhments, he or his Apoftlcs would have
declared it in exprefle termes ; in regard of the conie-
quence of iuch a command , and of tjie newiieflc of it :
A nd lomuch the rather , becauie no 7^v could imagine,
butthat Mofes his Judiciall Lawes in things of com
mon equity fhould fta'nd in Judaea, ib long as the J uda-
icall Common- Wealth fhould ftand.
However ScMMngim and the reft of his Tribe ob
ject ; That though Warre be not exprefly, yet it is ver-
tually forbid by our Saviour; as being totally repug
nant to the Analogy of bis tyligion , and to the Oiconomy of
his CroJJe: Than our Saviour MsttbeV? 23, 2,3. laid,
the Scribes and Pharifeeslat in Mofes feat, therefore
what foever they bad thole of that time doe , he com
manded likewife that they fhould ftill obferve and doc
it: Forthofe times ( fay they ) were not yet nervous
enough to beare all that which he brought from the bo-
ibme of his Father.
SAi.Ashedifcoverednothimfelffiilly til within three
veares of his death, fo did he not TThe Chriftian Re- ^
his Doctrine till he aJcended and^l'g'on why not re A.
had acquired Regall Authority to Vcalcd altogerhcr C
make and abrogate Lawes. He C by our Saviour. J
confider'd the capacity of his infant Chnrch , ;»nd
would not that neK Wine fhould be put into old $Qttels fa
N 4 fearc
f.S4)
£arc of breaking them. This made the ApofUcs their;-
i'A ves even after his Aiccnfion remaint yet a good while
h.ilfc Judaicall , and adhere to circumfion and other
rights • as jf it were right which the 1 aw faith, ^ui latte
nutiitiir pars Trifcertan niatris adhuccenfctur, Mofescom-
jningdire&lyfromGodoutofthe Mount fhin'd in the
peoples eyes like a lecond Sunne, and therefore cculd
not presently he lookt on, but through the Eclipfeof a
Vaile, However (fay they) our Saviour in his Sermons
upon the Mount (Mat* cbap.^6, 7. J (aid enough to prove
the incompatibility of his Spirit with the rank andCar-
nall fpirit of V Varre.
Obj.Seft. 2. For there wearc exprefly commanded to
lovepift tjicir.ies, and to pray for thole who curfc and
pcr/ccutjcus. Jhercfpre it no: being now lawful] for us
tohaycnny Enemies, it isas little lawful) forus to have
any Wane.
Avf. As I can fuppofe a defcnfive VVarre,againft
\vhich charity can make no exception, /o I preiumethat
the And'o^ y of the Cbriftian Religion can no more except
again(tit,Ehcn againftjufiice. And becaufe many ob?>
jcctionsarcrais'd out of our Saviours Sermons, Mat.
chap. 5,6,7. therefore I judge itncceflaryheretoprc-
mi/e/j'hat cur Saviour really never intended to takea
way, but exactly to fulfill , both by his cxftmplc and
precept, that vviiich was morall in the law of Mofes,
Mat. 7. 1 7, 18. It is (aid, ler. 31.31 ,32,33,34. Heb. 8. 6,
j 2. Alt. 13.5839. That the time (liould come that God
would put his I .awes into every mans minde, and write
them in every mans heart; and all men fhould know
him; For bee "toould bemercifulltotbcirunrigbteottfneffe,
and remember tlci/Jinnesm mere. Tnis promife firreex-
tcedpd thq/c cfMofes in the way ofexpiating our fmnes ;
for every man now in every place carries about with
himhi$facrificein his owne heart, which being hum
bled by faith and repentance makes fufhcicnt expiation ;
vhcrcas before it could be done oncly in one Towneot
the world, Ierufa!em9 and through many perplext and
charge-
(.85)
chargeable ceremonies. Mo/is his Law ( Of Chrifts & )
diftinguifhtnot fo exactly of the caufe\Mofei Lawes/
rfW 0/f &f */># offinne, as Chrifts doth; ^»n order to thc^
The Cwfe is the heart, where it is con- / ««<« & ro theV
fei ved (as well as it is the expiating fa- ^ e"e^ °f fmnc- '
orifice afterwards through Chritt/but of that, as of all
internaJl acts , the IcKts made leaft account , and vyerc
mott (olicitous about the extcrnall and moftmanifeft
effects as relating to the cognizance of a humane and
pcnallTribunall. ButChriftyvho was toperfe&usby
a more perfect Law and promife tcls us, that to God the
tanfe5 are as manifeft as the effetts, and therefore that wee
have before him committed Adultery if we admit the
luftfull thought, and murther ifwenourifh anger «r ma
lice in our hearts. All thcle and the like Mofes ( whofc
1 awes concern "d the icveral! kindcs of our actions ) for
bad,, but not in the fame degree and punifhmentthatour
Saviour did.
Ifthe fubftanceof the Law confiftcd mofl in Iqve,thcn
our Saviour gave an extraordinary augmentation to it
in extending it to the Enemies of the leVves-, for the LaK
"teas ftraigbtned onely in the exercife of charity ; The ene
mies which our Saviour here fpoke of to the leftes were
of two fores.
Firft, They who were derived from the Amorites, H#-
tites, and lebufites}\\hom the Children off Of rhc lew s'l
Ifrael were at their fjrft planting to de-c Enemies- 3
ftrov, but utterly did not ; and on whom the King of
Jfrael al waies levied tribute of bond-fcrvjce, i %mg> 9.
20> II.
Secondly, They of all parts of the world who were
not circumcifed.By the renting of the Temple vailethcfe
diftinc^ions were taken away ; and many of thole Ga-
nanites, and the others, happily converted to the Faith,
were not for their old quarrells, ftill to be perfecuted
with flatted by the lebes'; for that might probably be-
get afterwards a greater contempt of them(elves as de
over. OurSa-
vlour therefore juftly preft this command (as all other
which concerrfd the extent of Charity) ftric'tlyonthe
Jewess for their Law was moft defective in that, and
themtelves were moft tenacious to the worldly cfteeme,
andadvamages gadiered upon^ ftrangers from that de
fect ; and for want offuch a diffufive vertue as Chancy,
Chnlis do6bine in a humane morall way could not
have had io free a propagation.
But though all the world be at this time fo neare a kin
through the blood of thrift, yet the courfe of Judicial!
Law ought no more now to be /uppos'd forbid thereby,
then it was before betwixt leV> and to who were bre
thren. For it being granted that love is to be exercifed
{of unequal 11 in a larger degree then before,yet it is ftill
Love- j to be with fome inequality or diipropor-
tion, according to the dilHnctions of focieries, chap. I.
Beyond all doubt, all men are notto be lov'd alike, wee
arc to be tenderer of our Parents then of others ; next of
thofe who arc of the houfliold offaith;thcn.,thatthe good
of the innocent be prefer'd before the good of the nocent.
Out of which unequallfort of love VVarre and Capi
tal! Juft ice is founded. We are bound to love our ene
mies according ro Gods example, whole Sun equally
fhines on the juft and unju^3 and yet for all that,nepu-
Rifhcs the wicked here, & will punifli them worfe here-
afcer. Some therefore may flill be reputed our lawfull e-
nemies, if the conditions of jufiicc, unequalllove., and
revenge except not againft us.
2 Obj. Sefl. 4. Mat* 5. 38. Ye have heard an eye for
an eve, and a tooth for a tooth ; but I lay unto you red ft
rot an injury, but to him who ftrikes one chceke turne
the other : Therefore we are no longer to repell injuries,
neither publikely nor privately, and confequently not to
goetowane.
Anf. I anfwer, That though God would not have us
given to fuch an unnatural thing as revenge^yet he would
not havens juftific difbrder and cruelty; fuck as one
wretched Philifthim might wirh iport aft upon a world
ofSampfons if \ve were obliged tamely to let him put out
cur.
OS?)
ttutalloureyes,ordafhout all our teeth : After which
wee fhould not Jbee well able either to beg create our
bread.
Frangenifus mif~erogingf\>a panis inermj, J uv«
The Italians fay, Cwjifapecora, il lupo la mangia • He
who makes himfelfe a fheep, a V Volfe will preiently
devourchirn. This were a db6trine fu rely much to the
Devils advantage, and therefore we ought to bee tender
in the conferences of k, left, becaufc that we are obli
ged to martyrdom in the particular cafe of our Religion
(there where the Magistrate and Kingdome beleeve not
the Word of God) we coHclude,that innocence and In
nocents are in all other occaf ions and places to be aban
don d; which is to magnifie Gods clemency to inch a
height, as to take away hisjuftice : whereas indeed their
may bee a lenity , which cffe6tually may bee cruelty,
Wherefore in doubtfull interpetations wee are to fol/ow
that which drawes the leafUnconvenience, efpecially if
other Texts favour it afterwards. Upon which ground
I conclude,
Firfl, That the perfon here fpoke to /- Publique vindi
by our Saviour, is the private f>erfon\f^t'uyn of fome,
injured,whofe fence provokes him to Jprivare injuries'
that revenue which thepubliqueMa-Snot unlawful byi
gifirate miift needs be void of. Se-/ihe law ofrlie
condly, hefpeakesnot of every in ju-^ Gofpell.
ry,butofa blow which neither wounds nor difmembers*
It is evident that our Saviour, by thofe words intended
not for ever afcer to abrogate the courfe of publique
Juftice. For at his owne trial! afterwards before Pilate,
when a ftander by fmote him (in the manner he menti
on d) on the cheeke, hee did not filently turnc the other,
but immediately reprehended the in jurer, faying: It I
baVefpoken toilljburc "VritneJJe of the einlU but "if*cll9 toby
fmitejt tbou me * J ohn 1 8. 23 . G ut of which w^ords it
appcares, »Firft, That our Saviour thought not himfelfc
obli^'d to receive a fecond blow before he reprehended
thcftrikerforthefirft. Secondly, That he conceiv'd it
then lawflill to forme adions before publique Magi-
O88)
ftrates , in cafe of doing or ipcaking cvill : For bearing
©f witneflc, is in order to the Magiflrates judgement- As
if eur Saviour fhould have (aid ; lYhyfinite/l thru me t
feemgTbeare both before tbe publiaue Magi/Irate* T»bo is
toheareandtotafanitnej/eof allthee^ill Tbbicb is dtne or
$>oJ(e. Wherefore by thole words here objected , and
"which our Saviour Ipoke in the Mount fome yearcs be-
fojre his triall, hedidnotunderrtand, That we might
iiotbyathiidpubliquc perfon calmely refitt important
injuries : Neither did Saint Paul, long after the Afcen-
fion, (when the Chriftian Religion was perfe&ly de-
dared ) jud^e it contra Oicenomiam crucit. He faith,, the
{i Cor- 6. i>7 Plaintifs among the faithfull(who might
4»$t^' Jchule whom they would to be their
J udgcs ) did ill, having private controverfics with other
Chriftians, to goc to heathenifh Consciences and Tri-
bunalls. The Israelites were never in fb little fecurity,
as when they were fainetogoetothc Philiftims to whet
^ckfwords. Wherefore Saint Paul only chang'd the
Judges, faying ; Ifyebrteany matter agdin/l one another
in things ftrtrining t$ tbu life ( tnd arc HOC de jurepHbli-
coj rttbertben to goe to Infidels for private juftice , fet
t\xm to judge Tbbo are letft t/leemedin tbe Cburcb. Thus
feeing Courts of Juftiee, impleadin^ Magiftrates, and
tinequall Love, areftill lawfull ; therefore we may pub-
Ikjucly refift injuries ftill , iniiicha way as fliewes we
arc not poyloned or tainted with revenge.
In/lit. That which feemes moft to perplexe the Text
( here objected ) is the particle %VT. For fbme under-
ftand the Text thus : By the Law of ^etalMony and by
the hand of a Magiftrate ye have heard , a tooth fora
both places doth by two degrees in the fame kind di-
m in ifh negatively , that which before was permitted.
So that if the Retaliation before was u nder flood to have
been made bythcMagiftrate, men the prohibitions of
refifting afccnvaxds , were meant in refilling by the Ma^
giftme
(ipo>
turall or un jutt , bccaufe t here is no rea fbn that the Inno
cents and nocents lufrerings fhould be alike, for then
punishments would not be ib eflfedtuall to terrific others,
nor to give future iecurity to innocence.
Scblichtingim defines it thus ; y indicia eft p<zna qu*
nulU mlteraminjuriieaut damni illati cowpenfatitmem conti-
net ; revenge is apunijhment Tfrhich container no rcail com~
penfation of an injury er of barme done • as of an eye for
an eye, a tooth for a tooth : but this definition is not
perfect , and is too negative ; Seneca comes fbmewhat
clearlier to it when he defines it, Tiinditta eft i>otupta* in-r
{Sen- de rran "X humanct , quce alien » deleft atw mails, and
an. c. 1 5» j the Poet likewife, when he faith
Metes lajfo
dab it minimus Solatia fanguis. Juve.
Revenge therefore is properly an infblent delight in
the fufTcrmgs or paincsof another, whom we judge
to have injured us , which pames refiding in the perfbn
of the liifferer, are not naturally fitted to produce a con
trary ienfe of j'oy in the perlon of a ftanaer by 3 nor %
transferre any icnll profit to him in the way of compen-
iation ; and therefore it is no part of Jufticc, and cor.ie-
quentlyisunlawfiill. Jultice reprcients a malefadtors
painestous, not to excite delight but feare , Vt prfna
uniusjitmetusmuttormn. The paines and diieafcs of o-
thers naturally Communicate themiclves more then
their ;oycs and healths can : Neither hath any manftich
a high fcn/e of joy as of paine, from whence, the greateit
reientments ou^ht to be of pain e.
<Dttmj}tettant Ufos oculi, Uduntur t? ipfe.
Nay; man is not able to itand his joyes ; for feme-
times there arcfuch profusions of the heart as kill imme
diately ; ancl a laugh may be fo heart y as to draw tears
along with it in the eye : which is, because nature
commin^, on: of imperfection and nothing, carries al-
wayes along v^ith itfdfea difpofition to ruine , and a
Psrta Sabinif, treacheroufly to let in a thousand Enemies
upon us. From the juft appreheuiion of which we con
clude,
elude, that if they who take a delight in the fRom* i
pleaiingandfenfuall finncs of others, offend {.1-32, t
more then thole others who commit them ( becaufe they
cannot pleade iuch a violence offer'd to their fenfesas
thefecan) then they whoraife a delight out of the paiaes
of others, are more blamcablethen the former, or then
they who upon paffion or fury inflidr thole pa iocs on the
fufterers. Whertore revenge leemes to be even beyond in-
juftice; for this ordinarily aimesat Come pofitive con
venience either in fecurity, profit or honour, though it be
by the ruine of another; but the aft of revenge begins
when all this is done, and infults like Tar quins Queene,
•who when her father King S. T-ullim was murthcred and
throwne into the ftrects , £he drove her Chariot over his
body,at which fight her horles were frighted, but (he fats
fixt as in a Triumph, Super cruentmi fatrem , iv HA car-
pento, confarnatos equos egit. Flo.
This was that which made the fvveet in Cataltm ban
quet, in which he and his complices drankea Round in
tkeir owne bloods ; an ac^ iaid to be iwry horrid, "ben it
not for the caufe "tohich "tt>as more horrid,
7, As for Enmities (which are C Our difpofitions to 7
fomefteps and conveyances to Re- < Enmity and A- >
venge^we are difpos'd to thcm.be- C mitv- i
fore we are borne,, and continue them afccr we are dead,
and all without contradiction: For lacob and Efau quar-
rell d in their mothers wombe, and as fbone as they had
received their-fignatures. The learned C-ujacm miffing
preferment in his ownc Towne of Tbo/oufe, and the late
Duke offyban receiving many difobl igations at Courr,
concurred both ( perhaps accidentally ) in t his one Epi
taph , which they would have their afhes alwaies hold
out as a flag of defiance,, the one at !Bourges, the other at
Geneva.
Ingratapatri* neojja quidem kabelit,
Yet Nature difpofes us powerfully to Amity : for the
feeblcnefic and indigence of new- C 1 he convenience of >
borne Infants hath this good in it,< oil«" being borne iirr >
that they are thereby imme4iat?ly C po«enc..
ingaged
ingagcd to love their Parents who oncly provide for
them,
Ore Volatpleno mater jejuna ;
And consequently to have a rcciprocilLcare of their Pa
rents feebleneile, when old age fhall feize on them ; be-
fi4cs, Children are bv their native impotencics inured to
obedience, and thereby fitted for fociety, and in this uni
on nature, leaves them : Policy afterwards feekes to
ftrengthen it by the Allyances of marriage, kinrcds, arts,
commerce, &c. Then comes Religion which fceks to
cover all the others defers and differ enccs, reducing us
to the unity of our beginning and of our end. Yet for all
this, Love is notfecured nor fortified enough ; for thofe
generall caufes produce contrary effects when they are
applied to the particular conditions of men, as the SUB
C W hy there are more 7 doth» when it produces Poyfbn in
<J Enmities then Uni- s one place of the earth, arid an An-
c ons- J tidote in another : Beiidcs , Po
licy hath multiplyed the objedts of our love by the goods
of opinion, and reafbn ordinarily is debaucht away by
fence, and every part of the body is made of contraries :
and without them, would not be able to keepe our heat
alive, toco-a6t,or move from place to place ; yea^naturc
hath made us with the fame inc/inations to the fame
things, which we cannot all poflefle together. From all
which we may juflly conclude, ThatfcWf mutf needs b?e
more Enmities then Vnimn in the "toorld, and that many will-
draw matter of hatred out of that ^ which another will
take to be a Principle of Love.
Sapiens rifum ubi ftultusiram colligit. Pute :
But as a little windc eafily defeats thole Armies
YWhy Religion "") which are form'd in the aire by the
j makes more En- Vaccidentall incouflters of Clouds, e-
Amities then Uni-f yen fo the fpkit of grace working in
C ons. } the hca^ of a Chriftian , eafily dif-
pels all thpfe cruel ties which the fiimes of ourpaflions
mavraifeinus againft our Enemies : A generous dog
•will not turne againft thofe little ones which alvvaies
run barring after him^nckher flxnil-i we be alarm d at c-
vcry
(193)
very pcevifh injury. C ur Enmities therefore ordinarily
come from a mixt principle , in refpeft of 'our Natural!
and Civfil ftate, and through our different pretenfions in
the Commerce of the world ; But our Amity comes
ftrongett from K.aturet with which it is very intimately
allyed , and therefore ought to be the ovle to i vv im at top
whensoever any other vapour of choler would rife up
to put u s into a tempeft. Moft equali therefore k is that
\ve fhould be ready to love our very Enemies , to turne
the other cheek, rather then by private and immediate
retaliation hunt after a revenue 3 and fo, readiiy to give
the other coat, wrhich is a covering only of another co
vering, Lexenimncncuratdeminimis. Yet this love on
one hand mutt be without imputation of cruelty on the
other, andfbrfeareofdifpleaiingthe thiefe I mutt not
let him fecurely difpoile the Crphelin of all his fiibfi-
ttence , lett I be worle then an Infidell. Equity there
fore look? to Equal itv both in quantity and quality, and
when one fcale is defrauded to fway the other , it lets
it right and moderates it againe, and this temper is a pi
ous Peace,
<pu<ts (tquato examine Lancesfuflinet. Virg.
Obj. Sett. 8. ScbUcttmgiifi objects that there is no
equity or equality in a toothfor a tooth, ( Whether eye >
an eye for an eye, a blow for a blow ;s for eye be >
for in this reftitution , that which is ta- C Eq"«v«
ken from the one, is not reftored to the other , but both
one and the other have lefle then they had before. One
ma ns eye will not fit another mans head, nor one mans
tooth another mans mouth.
Anf. I know not what this concludes , fave , that
fach a kinde of retaliation is intrinfecally againft £•
quity and the wature of Compeniation ; But then it
condemnes this L aw among Jewcs ( which is impious^
as well as among Chrittians, and fo concludes nothing
againft the prefent quettion , but leaves us in the fame
Juttice which the Jewes had before Chrifts time j which
indeed is tyiodats and other interpreters opinion upon
Exotl. 2 1 , 24, and that eye for eyCj tooth for teoth were
O only
(i94)
only phrafes to fisnifle in general! , That" punifhments
ought to be proportioned to offences - They are to be ta-
{Mar h «; - T^en literally, no more then taint A&fc-
^' StbeWs command for pulling out our
owneeyes, and cutting oft- our hands. OfthefeLawes
therefore we fhall fay as the Civill Law faith of fbme o-
ther, Vtleant eo modo quo T>alere poffunt However I difiin-
guifh betwixt Equity "tobicb is gcneratl, and Compensation
Tbbicb is more particular • not but that I conceive Equity
is where compenfation is , but that equity may extend
further, and be there where compaction cannot be ap -
plied. Though an eye for an eye bee againft compen-
tation in particular, yet ifitwere infli&ed it would not
be again?* Equity in generall, becaufe it might preferve
other eves, not yet put out, by reprefenting the torture of
the malefactors eye. Capital! Juftice which was infti-
tuted by God, was more for the affriohtment of others,
then for the amendment of the fufferers^as in Ananias and
Stphyra, rorab and Datban, &c.
Saint 'Paul's advice and Limitation of this Text is
fitteft to conclude this Argument, Ifym. 12. 18 19. Ifitle
posfible, and as muck as lietb inyou, ba\>e peace Tbitb all men :
as if he fhould have faid, It is posjibleyou may bee contai
ned to breafy the bond of peace, but let not that neceftity come
frontyou, and then you/ball be guiltlejfe, zn&Epbef. 4.26.
Be angry but fin not: difcoutitcnance injuftice and im-
ptety, but fo,as to be alwaies di'fpos'd toentertaine peace.
Idem pacts em mediufque belli. Hor
Obj.Sett. p.Underthe Law,2)f«^. 13. They were not
fi> peremptorily commanded to goto war in vindication
of their owne rights, as they were to war againft thofe
who profeftfalie Religion; and the cafes of war were
notfpecified, but the cafes of falfe-worfhip were, as be
ing fuperour to all other intercfts. But now under the
Gofpel we arc forbid the greater, which is to flay thofe
of ra!fe Religions; therefore wee are forbid the leffe,
which is to flay in Warre for fbmc private injuftice offe
red us.
4. To this lanfvvcr, TJut though the Apoflles in
plan-
0*5)
planting the Gofpel had no dkeft ^Concerning killing
Comrmffion to kill , but' to helpe Uor Religion, and
to faye Idolaters , yet when they Vhywee maymore(
met with notable interruptio from^peremprorily, flay
thofe who profeft Religion, but jmennowforCiviiiJ
were not faithfull to it, they pro- /then for Ecc'efa-
ceededtohigh punifhmems, as in ftick caufes-
Ananias, sapbyra, and Elymas, who endeavored to hinder
theProconfulsconyerfion, Ath 13. By the law of <Deut.
13. The Ifraelites might have ftoned an £gyptian.vfbo at
• jerufalem fhould have pcrfwaded any to worfhip his
Country Idols, when perhaps it was not Jawrull whilft
they liv'd among the Egyptians, & the Idols themfelves,
at which time the ifraelites were not Maeiftrates a.^ong
them, Even lo ,' if any man fhould alfureus co a wor-
fhip contrary to the light of nature, no qucftion but the
Magiftrateisftiiloblig'd to punifhand reftraincfucha
pervercer.
But every difference in Religion, makes not another
Religion. For the Pharilees., Saduces and Eflens,though
theydiffer'd in high points which the I aw (poke not
clearelv to, yet they went altogether to the lame Altars,
and Sacrifices ; and for that reafbn were not thrownc
out the Tcmpk. As Religions are now commonly dif-
ferenc't and call'd, we may fay, that it is harder now to
know which are the fall ?, then was anciently; and a
civill crrour or offence is ir ore cert? inely knowne thena
Theologicall, and fomay be more peremptorily punifht
by us. Heretofore al 1 Reli?, ion was expreft in a confor
mity to Yifible Ceremonies, but now God will be (erved
by that which is written retiretl!y in the heart, ler.^i.
and demands that,as an inward £•> crife. Of thofc who
transforrre themfel ves into A n^cls of light, there is no
outward rhara&er wherebv we mighr be able co diftin-
guifh of them3 fo that no wonder if they may almoft d°-
ceive the Very Eled. Therefore in foure refpeds iris
dmgerous rkidlv to p-mifh ( in perlbn or'ftate)
peaceable difienters in Religion thus differenc't and
underiiood.
O 2 Firft,
Firft, In regard of the falliblcnefTe of judgement, in
that which we may judge now Heretical!. For that at
one time hath been judged Hereticall, which at an other
hath been efteemed > rthodox; and m oft men living
are ingag'd to .their Religions and Fonts when they
know nothing at all. ,.
Secondly., In regard of the Heretique or diffenter him-
felfe, how he is affected within : we know not who die
well, nor who die ill : God (oncly) knowcs his owne,
2Tim.2.i.
Thirdly, in regard of the future event r whether that
which is now tares , may not afterwards.' become
wheat ; for by hearing, a man may come to change his
opinion. Oolite ante tempusjudic are. I Cor. 4. 5.
Fourthly, In regard of others, /eft puniihmcnt thus in-
flidtedonfome, make not others either hypocrites or
moreobftinace
. B ut as for humane rights and injuries they are eafiiier
f Civiil nghrs \ known, and therefore the Magiftrate
{.eafii y kno\v ne J rna y be the more peremptory in puni-
fhmgthem. Hence Gallio the Deputy of Acbaia, Mi. 18.
12, 1 3,i4.aiifwered pertinently to the Jewes,when they
brought Paul before him for teaching a worfhip contra
ry to the ; a w ; // it V>ere a matter df^rong or kicked. le*tod-
nejft, Q.ye lett>cs, reafo^^ouldtbat ifhould beare "toitbyou :
Like wile the rpwn-Clerkcof Epbefus, ,Att. 19-38, 39.
prudcn ly advertized the people in their uproare about
/^'; preach iiig, fay ing, //je baWamatter again/I any man,
the LA^> (which was CapitalU is open, and there are 'Depu
ties > let them implead one another : but if ye enquire any thing
alout other matters, ti/hattbe determined in aloft full ajf em-
lly : Wherefore Paul in a Clvill caufe and as a man,
rightly appeal d to Cdfar, and in a divine as a Chriftian,
to God, who reiei ves a day of judgement to account for
all that which we as his /ervantshave<ionc, or have
omitted to doe to others for his 6ike. Heewhprhinkes
himfelfe competent enough to judse ofthis here,is Nimis
furiofus in a/iena refublica 3 and Will doe well to remem
ber
O?)
ber what Saint Paul faith to him, 3(om. 14 4. What art
tbou that: judge ft another mansfet^ant > To bis atone Matter
faffandcth orjalletb. The evidence of the Chrifiian Re^
ligion depends on the evidence of the Hiftory of ancient;
fad ; as of Chrifts being in the world, of his Re&rrefti-
on, Afccnlion, &c. but thefe cannot be clearcly eviden
ced to us now, butbythefpiritofGod,, which hee fends
not into the heart of every man for reasons fecrec to him-
ielfe, and for which we cannot lately undertake to af
flict or kill any man here.
Obj i.Se£Lio.Sch!icbtmgiusobje&stThzt ihtdepri-
ving'a malefa&or of his /ifc,depriyesHim of Repentance,
sand that deprives him of Heaven : whereas Chrift came
not co take away,bue toiecure and (aye. the lives of men.
Therefore Warreis againft the Lawofthe Goipell.
>i. To this I anfwer,That we cannot C Of the repen- )
till when men doe really repent, al- I ranee of Mac- >
tliouh the might h ave time enough : L favours. >
Nay,they will be very few who will lay they have time
enough, by region of the terrour and diftra^ions of
death. Moreover God himlelfe doth not al waies remit
allpunifhinentto tho/ewho repent, and ieeke him in
tcares, witnefle Efau and (Da^id: and fbme there are,
who are fb hardncd,that dme cannot mend them, where
fore the (boner they eeiietodoil', the better* Uiuall/
Magiftratcs allow a convenient ipace of ti ne for the re
conciling of afouletoGod; and though they did not
give any quantity of time, yet a litcle time well quali
fied may be enough for that a# ; C )ne ftood moment is
enough to c.onvey a foule co Heaven, witnefle the T hief
ontheCroile, For as tfiey are the lift and the fmallc
touches of the pencil 1, wh:ch give life
even fo they are the !a(i though the fhort
pns, which reftorc life to the dv ing loule.
Ob.. We are to imitate Chnft who dyed for the bad
as we i ^s tor the eood.
A. I antwcr, That Chrift died, not as having been
obliged to'it by a Law, but by a voluntary contract with
.his fatter. Without doubt Cod having more right in
O 3 CHS
our lives, then we have our (elves, could have obliged
us patiently to be kill'dupon any occafion, rather then
to kill,, but that we here deny, and is now the Queftion.
Ob. c e tt. 1 1 . Chrift bad 'Peter put up the fword, there
fore it is not law full for Chriftians to draw it out.
An. I anfwer, That it is lawfuil tor us to pray one for
C Concerning Peters 1 another : but after we know God's
< fheathing of his Vabfblute decree againft iiich a thing,,
< fword. ) vve may not pray him to give it us,
Cur Saviour told 'Peter in the company of others, that
Gods decree was, himlelffhould fuflfer at Je mfale m, yet
feter after the knowledge of this from Chrifts divine
rnouth, told him it fhould not be, whereupon our Sa
viour juftly call'd him Sath.m, as in St lohn. After this,
When our Saviour had told his Dilciples, that thehoure
\yas now come according to Gods determin'd will, !2V
tv apainc was fo vaine as to promife him protection by
hislword, whichasitwascppoiitetoGods decree, io
our Saviour would not make uie of it, no nor of Leaions
of Angels, Wherefore the force of this objection fhewrs
onely, that there may bean cccafion when a man may
not warrantably draw his fword, which is very true., but
not to the purpofe,
v The coi)c!ui-on, *\ 1.2. But upon what caufes a man
\pcr wad ngts nor /may draw his fword, or make War,
Jwirbout extrcmA is not the fcope of this Difcourie,
-•\ne<eflity to <iraw/ ^j^ is Deduced out of a War alrea-
/°u "S.? °! dy'fbrrr,ed; andbv \vhichlhor-eit
Ii ^
thatfomcWar may
be lawfuil both by the Laws of Nature, and of Chi ill ;
though I confefle he may do beft^ who doth not a Jwaics
e'xcrcife cheutmoft of that right which is • ermitted him.
The unmarried condition, according to St Vtmk i s more
comaiendable then the married, yet it is la wftill to mar
ry : E venfo a juft vindication of an injury is ftill per-
Triitted, butpatirriceis more commendable, efotdally,
when in W?r we are for the moftpart affified by ibde-
*T> m d a i-a(?ton as Pub ;ique impatience, (which is the or-
compkxigfl of War ) mid when the inj ines
" iom-
complained of, hinder not our particular /bciety with the
Injurers, nor the generall order of the Society it /elfe. To
kill a Flie upon a mans forehead we are not to knock out
his braines; but in the rranlport of pambn we may cafily
(as it were) run away with our (elves*
fertur equit auyiga^nec audit currm babena* . Vir .
'Tis this and Revenge which poi/bns Juiiice, even as
filero's debauchd and foule body did the iacred fountain
of Mars, in which he had the impudence to bath him-
f elfe immediately after his rioting. Fidebaturpotus factos
*& cdremohiam loci toto corpore poluijje. Tacit.
But how much happier are they who try their firengths
by bearing the heavieft burchens, and though fpurr d
bv the q'lick fenfeof their own Luffs, yet flye no: hea-
dilyout? Somcthirg there is in theiiiannagingof the
beft orfeniivc War which is diipfealing to God, other-
wife he would not have exceptedagainltfD^/^Zeale
for building him ahonfc, only bccauie he had been a
mm accufbmed to ilied bloud ; fcr the battailes which
he fought were (aid to be the Lords. Humility and
meckneffe of fpirit, with our aflifting to carry one ano-
thers burthens, to be oft in duft and afhes, will (if it be
pofsible>l give us that peace here which will nottraverfe
our better repofe hereafter- SomePhyfitians doubt not
but if the <Di wWcould bepouder'd as well as Alabla-
fter, it would be as good an Amidote as it, and not ope
rate with /iich poifbn ; Even fo if we could reduce our
affections by a finccre mortification and humility, we
fhould not only be void of Venome our feives, but have
a prcfervati ve,or an Amuletum againft others who would
jaintus. A fmall thing oft-times hath the power to re-
drefle a great inconvemence,yea, to take up a crucll feud,
as Virgil faith of that of Bees when they areaCtually in^
gaged in battailc.
Hi motm tnintorum, 4t<jue b<ec certamina tanU,
Puheris exigui jattu comprejfa yule f cunt.
GodlineflTe with content is great gaine: fa fob till he
had
(200)
had built God an houfe defired no more of him, then'
tread to eate. and raiment to cover nakednefle, Gen. 2 8,
2.;. By all which we may lee how much of our rights
we ought to forgoe, before we come to the naked /word,
in which Tragedy we m'ift either be fpedtatours of
other mens deaths.orlpedacles of our own*
FINIS.
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